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HomeMy WebLinkAbout67-96 Brooks Electrical & Construction Inc.r: Permit Class NEW STATE OF NORTH-CAROLINA Department of Environment; Health& Natural. Resources !an Coastal Resources Commission > for X Major Development -in an Area of Environmental Concern pursuant toNCGS 113A_-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 67-96 authorizing development in Onslow County at White Oak River off of Water St. in Swanshorn , as requested in the permittee's application dated 1 /2/96 including attached drawings. 3, w/pier detail dated rev. 3/11/96,& plans 2 of 3 & 3A dated rec. 1/12/96 & 1/26/96 respectively This permit, issued on MAY 9, 1996 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these teens may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Bulkhead Construction 1) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. 2) The bulkhead must be constructed prior to any backfilling activities. 3) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. io_aat� _t. r.t _t n__1 This permiLaction may be appealed by the perrnittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N.'19checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee e Brooks Electrical & Construction, Inc. Permit #67-96 Page 2 of 3 ADDITIONAL CONDITIONS 4) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 5) The fill material will be clean and free of any pollutants, except in trace quantities. 6) All backfill material will be obtained from a highground source and confined behind the permitted bukhead. Pier Construction and Use 7) The pier shall have a minimum setback distance of 15' between any part of the structure and the adjacent property lines as extended perpendicular to the channel at the points where they intersect the shoreline. 8) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 9) The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U. S. Coast Guard, through regulations or otherwise, on authorized facilities. 10) This permit authorizes only the piers and uses located in or over the water that are expressly set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this pier without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 11) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 12) It is possible the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. 13) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having the permit transferred to a third party. Brooks Electrical & Construction, Inc. Permit #67-96 Page 3 of 3 ADDITIONAL CONDITIONS General 14) All activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the water body is 25 NTUs or less in all saltwater classes are not considered significant. NOTE: The Division of Environmental Management approved this project on April 2, 1996 under General Water Quality Certification No. 3025. NOTE: A Stormwater Management Permit is required by the Division of Environmental Management under NCAC 2H.1000. (RE: DEM letter dated 3/28/96). NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Department of Environment, Health and Natural Resources, Land Quality Section, 127 Cardinal Drive Ext., Wilmington, NC 28405-3845. NOTE: The permittee and/or his contractor is urged to meet with DCM prior to project initiation. NOTE: Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (919) 726-7021 prior to commencement of any such activity for this determination. NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. Permit Class Permit Number 3� STATE OF NORTH CAROLINA Department of Environment; Health & Natural Resources and'. _ Coastal Resources Commission X Major Development i'n an Areabf Environmental Concern pursuanttoNCGS 113A=.118. - X Excavation and/or filling pursiiaht to NCGS 113-229 67-96 authorizing development in On slow County at White Oak River, off of Water St., in Swansboro ,as requested in the permittee's application dated 1 /2/96 including attached This permit, issued on MAY 9, 1996 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Bulkhead Construction 1) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. 2) The bulkhead must be constructed prior to any backfilling activities. 3) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. (See attached sheet for Additional Conditions) This permiLaction may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N. checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Brooks Electrical & Construction, Inc. Permit #67-96 Page 2 of 3 ADDITIONAL CONDITIONS 4) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 5) The fill material will be clean and free of any pollutants, except in trace quantities. 6) All backfill material will be obtained from a highground source and confined behind the permitted bukhead. Pier Construction and Use 7) The pier shall have a minimum setback distance of 15' between any part of the structure and the adjacent property lines as extended perpendicular to the channel at the points where they intersect the shoreline. 8) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 9) The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U. S. Coast Guard, through regulations or otherwise, on authorized facilities. 10) This permit authorizes only the piers and uses located in or over the water that are expressly set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of this pier without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 11) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 12) It is possible the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The pemuttee will not hold the United States liable for any such damage. 13) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having the permit transferred to a third party. r Brooks Electrical & Construction, Inc. Permit #67-96 Page 3 of 3 ADDITIONAL CONDITIONS General 14) All activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the water body is 25 NTUs or less in all saltwater classes are not considered significant. NOTE: The Division of Environmental Management approved this project on April 2, 1996 under General Water Quality Certification No. 3025. NOTE: A Stormwater Management Permit is required by the Division of Environmental Management under NCAC 2H.1000. (RE: DEM letter dated 3/28/96). NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Department of Environment, Health and Natural Resources, Land Quality Section, 127 Cardinal Drive Ext., Wilmington, NC 28405-3845. NOTE: The permittee and/or his contractor is urged to meet with DCM prior to project initiation. NOTE: Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (919) 726-7021 prior to commencement of any such activity for this determination. NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during. hours of darkness or inclement weather. Permit Class NEW STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources Commission hermit for X Major Development in an Area of Environmental Concern pursuant toNCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 67-96 authorizing development in Onslow County at White Oak River, off of Water St- in Swanshoro as requested in the permittee's application dated 1//a/96 including attached This permit, issued on MAY 9. 1996 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Bulkhead Construction 1) The alignment of the proposed bulkhead must be staked by a representative of the Divsiion of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. 2) The bulkhead must be constructed prior to any backfilling activities. 3) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. attached sheet for Additional This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31. 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Brooks Electrical & Construction, Inc. Permit #67-96 Page 2 of 3 ADDITIONAL CONDITIONS 4) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 5) The fill material will be clean and free of any pollutants, except in trace quantities. 6) All backfill material will be obtained from a highground source and confined behind the permitted bulkhead. Pier Construction and Use 7) The pier shall have a minimum setback distance of 15' between any part of the structure and the adjacent property lines as extended perpendicular to the channel at the points where they intersect the shoreline. 8) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 9) The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U. S. Coast Guard, through regulations or otherwise, on authorized facilities. 10) This permit authorizes only the piers and uses located in or over the water that are expressly set forth in the permit application. No other structures, whether floating os stationary, may become a permanent part of this pier without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 11) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 12) It is possible that the authorized structure.may be damaged by wavewash from passing vessels.. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. Brooks Electrical & Construction, Inc. Permit #67-96 Page 3 of 3 ADDITIONAL CONDITIONS 13) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having the permit transferred to a third parry. General 14) All activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 •NTUs or less in all saltwater classes are not considered significant. NOTE: The Division of Environmental Management approved this project on April 2, 1996 under General Water Quality Certification No. 3025. NOTE: A Stormwater Management Permit is required by the Division of Environmental Management under NCAC 211.1000. (Re: DEM letter dated 3/28/96). NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity. Submit this plan to the Department of Environment, Health and Natural Resources, Land Quality Section, 127 Cardinal Drive East., Wilmington, NC 28405-3845. NOTE: The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third party. NOTE: The permittee and/or his contractor is urged to meet with DCM prior to project initiation. NOTE: Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (919) 725-7021 prior to coninmiencement of any such activity for this determination. NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner. Name Brooks Electrical & Construction Inc Address PO Box 594 b. City, town, community or landmark Swansboro c. Street address or secondary road number Water St Swansbom, beside Caspers Marina d. Is proposed work within city limits or planning jurisdiction? J Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) White Oak River City Swansboro State NC 3. DESCRIPTION AND PLANNED USE Zip 28584 Day Phone 919354-4811 OF PROPOSED PROJECT Fax a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and b. Authorized Agent: excavation and/or filling activities. 2 buildin s & 2 plem on 2 separate lots & precast concrete bulkhead along MHWM o Name Mr Homer Brooks both lots Address PO Box 594 City Swansboro State NC Zip 28584 Day Phone 919354-4811 Fax c. Project name (if any) Brooks Lot Recombination, Water Street, Swansboro, NC NOTE: Permit will be issued in Home of landowmr(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT 5PC 2 nA2 n 3g-57m a County Onslow Revised 03/95 (verbatim copy) b. Is the proposed activity maintenance of an existing project, new work, or both? New c. Will the project be for public, private or commercial use? Private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. r One buildinss for bread & breakfast/residence and the other for office/residence on 2 side by side lots. Piers & bulkhead for private use. Buildings in contormance with ocahistorical ;strict requirements. JAN 12 zg6 "----------------------- amw Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 0.54 acres (both lots) b.-"- Size of individual lot(s) - 11,643 SF & 11;946 SF -c. ` Approximate elevation of tract above MHW or NWL 0.0-6.0 ± msl' d. Soil type(s) and texture(s) of tract Sand/slit soil {ill, man made lands e. Vegetation on tract lawn f. Man-made features now on tract Dilapidated shed, . with dech & pier • • - ' g. What is the CAMA Land Use Plan land classification of the site? (Consuli the local land.use plan) Conservation Transitional. Developed - Community - Rural Other' h. How is the tract zoned by local government? B-2 i Is the proposed project consistent with the applicable zoning? Yes, No, -(Attach zoning compliance certificate, ifapplicable) j... Has a professional archaeological assessment been done for the.tract/= Yes No- -If yes, by whom? N/A k. Is the project located in a- National Registered Historic District or doe's it involve -a National Register listed or'elgible property7_ _ Yes �_ _No 1. Are there wetlands on the site?" Yes No Coastal (marsh) No Other: MHWM If yes, has.a.delineation.been conducted? Yes, Le mhwm (Attach documentation, if available) i Revised 03/95 (verbatim copy) in. - Describe existing wastewater treatment facilities. Swausboro central system n. Describe location and type of discharges to waters of the state. (For example, surface runoff„ sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Norte Small probability of stormwater runoff dnnAin high intensity precipitation events. o. Describe existing drinking water supply source. Swansboro / 0mlow County system S. - ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: t. A copy of the deed (with state application only) or other instrument *under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the.deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project • An accurate, dated work plat (including plan view and cross -sectional drawings) -drawn- to scale in black ink on an 8 1/2" by I1" white paper. (Refer to Coastal Resources Commission Rule 7-J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line -prints or other larger plats -are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding :that agency's- use of" larger drawings.) A'site or location map is a patt.of.plat requirements and it must be sufficiently detailed to guide agency personnel unfamilia' - ith,the'ate_ a to the site. Include highway or secondary road (SR) numbers, landmarks, and the like.' Form DCM-MP-1 • A Stormwater Certification, if one is necessary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management Upon signing this form, the applicant further certifies that such notice has been provided. Name W T Casper Address 423 Water St Phone Swansboro NC 28584 Name Thomas E Parhm Address 223 Water St Phone Swanaboro NC 28584 Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pemrittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113 A - I to 10). If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act Revised 0"S (verbatim copy) 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted ion a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the _day of19_2� Print Name Mr Homer BrooLs Signature �Z - tandowner or Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development 7 DCM MP-4 Structures Information N/A DCM MP-5 Bridges and Culverts N/A DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. ;.`'; 12 1996 �i �.,..w------------------. _.. .. �ti i <. .. � �; .. . _. _ �. ,. � - - _ � .. .. r _- � ' - S C ._ � - - ' _ � � - � _. - � Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards None b. Type of material to be excavated N/A c. Does the area to be excavated include coastal Length Width Average Final wetlands (marsh), submerged aquatic vegetation Existing Project SAVs) or other wetlands? Yes NO Death Depth Revised 03/95 (WR verbatim copy) d. High ground excavation in cubic yards None 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area N/A b. Dimensions of disposal area N/A c. Do you claim title to disposal area? -4 Yes_ NO If no, attach a letter granting permission from the owner. N/A d. Will a disposal area be available for future maintenance? -4 Yes_ NO If ves, where? N/A w ----------------- Form DCM-W-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes __)L—NO f. Does the disposal include any area in the water? Yes -4 NO 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead_ Riprap b. Length my'±, both lots c. Average distance waterward of MHW or NWL e 3.0' If yes, (1) Amount of material to be placed in the water None (2) Dimensions of fill area S# by 186 (3) Purpose of fill promotb, positive drainage, eliminate soil piping sin ong storm pipe b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? _Yes -4NO If yes, (1) Dimensions of fill area N/A (2) Purpose of fill d. Maximum distance waterward of MHW or NWL 5 GENERAL 5.6 e. Shoreline erosion during preceding 12 months a. nnbnown (Source of infmmauon) N/A f. Type of bulkhead or ripmp material precast concrete g. Amount of fill in cubic yards to be placed below water level (1) Riprap None (2) Bulkhead backfill 8± CY h. Type of fill material clean sand & topsoil i. Source of fill material eommereial 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? -Yes - NO Revised 03/95 (WR verbatim copy) N/A How will excavated or fill material be kept on site and erosion controlled? Constmet WLhead fast, place silt levee along bulkhead and against buuead last so that it fuuetions as trap, seed & mulch as soon as possible. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge) ? baekhoe,front end loader C. Will wetlands be crossed in transporting equipment to project site? _ Yes _.�L_ NO If yes, explain steps that will be taken to lessen environmental impacts. N/A Brooks Eleetrieal & Construction Inc Applicant or project Name Signature Date Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major h' Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed Residential / commercial one W by sV building on emL lot. b. Number of lots or parcels 2 c. Density (give the number of residential units and the units per acre) 2 units 3.7 units / acre d. Size of area to be graded, filled or disturbed including roads, ditches, etc. Approximately 0.4 acres oth lots) e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Iand Resources? Yes -4 No If yes, date submitted N/A Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes 4 No. If yes, date submitted Redevelopment i. Describe proposed method of sewage disposal. Swansboro central sewer j. Have the facilities described in Item i. above received state or local approval? Yes (Attach appropriate documentation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, wash down" and residential discharges). Now Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Puthe system (Onslow / Swaasboro system in. Will water be impounded? If yes, how many acres? _ f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. n• Concrete driveway and parking g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 0.4 i.e. shed roof Revised 03/95 (verbatim copy) Yes �_ No N/A If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A Brooks Electrical & Constriction Inc Applicant or Project name �rssrz,� Signature Date JAN 12 ... _.�----------------, :... Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project Docks(s) and/or Pier(s) (1) _ Commercial _ Community Private (2) Number One on eeel, lot (3) Length 95, (4) Width 6 (5) Finger Piers Yes _ No (i) Number N/A (ii) Length N/A (iii) Width N/A (6) Platform(s) Yes _ No (i) Number One each (ii) Length SOS & 31.5' (iii) Width 16 each (7) Number of slips proposed 2 each (8) Proximity of structure to adjacent riparian property lines > 15' other owners, 1' these lots (9) Width of water body > 900' (10) Water depth at waterward end of pier at MLW or NWL - 6.5 t mlw b. Boathouse (including covered lifts) (1) _ Commercial Private (2) Length None (3) Width Nave C. Groin (e.g. wood, sheetpile, etc.) (1) Number None (2) Length(s) None d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length None (2) Average distance from MHW, NWL or wetlands N/A (3) Maximum distance beyond MHW, NWL or wetlands N/A Revised 0"S (verbatim copy) Mooring buoys (1) _Commercial _ Community_ Private (2) Number None (3) Description of buoy (Color, inscription, size, anchor, etc.) N/A 4) Width of water body > 900' (5) Distance buoy(s) to be placed beyond shoreline N/A Mooring structure (boatlift, mooring pilings, etc.) (1) —Commercial _ Community - Private (2) Number NIA, o� (3) Length NIA, ' r (4) Width N/A, part of pier g. Other (Give complete description) Precast concrete bulhhead; 92 f t linear feet, total both lots; subparallel mean hith water marl; bac ' 1 clean soil materials froxn upland commercial source Brook Electrical & Construction Inc Applicant or Project Name i- a -fG Date x�dr'y �'. .. a �.'.�. hY'. �� }' � .:� n .;� •`; Fw : � �. .:. 1 n �, I i � I , , 11 92.7 LF proposed precast concrete bulkhead, shown 1' wide 11 mean high water mark Lot A sis ; N/FWT Casper ; Casper'sMarina , Casper Marina Concrete Bulkhead Wave RagL.na , rev 1215195 ; rev 3/11/96 ; Seale : I" = 20' i , 0 10 20 40 1 SIS =set iron stake EIP =existing iron pipe x = existing spot ele mlw = mean low water mhw = mean high water , Casper Marina Dodos adjacent riparian access setback (typ) 15typ-w. existing mooring piling White ®ak river rev #2 ; 12/17195, spot elevations on water depth, mlw-mhw range rev #3 ; 3/11 /96, convert 7" platform to "U" boat slip, covered SIS Z 5' , , , , , , , 17' E I shed, wood deck and pier, ted pier & deck to be removed - Lot B SIS +1.6T mlw I I treated wood piers with "U" platforms, 32' by 14' boat bay with roofed hoist -4.56' mlw N -618' mlw ; -Il v typ-.it-15 types; �---15' typ- . Bulkhead / Pier Dimension Plan CAMA Permit Application Exhibit Map Water Street Lot Recombination Swansboro, NC Sheet3 of 3 owner rHomerBrooks -- ..................... i i J 4290" Swansboro Loop Rd Main Street Ext White Oak River b ' es -.( A¢ 24 U42 by io 3ackson\lille � I Front St wansboro 03 Water St i 3 r Q site a 1CWW -_ p Gaspers "' L- Location Map - Not To Scale JYJ o lee Y 6, .'e,wansboro /,_• Jr 12 • o p5 3840 Ybeacon SiteoLiehb i a�1� \J i _ r 694 0 ` 1 z Dols/ •1•°'. /6q c NE P am`-' — _ co ,• '�--, \9 \ yod l e A, °p0°°eaxxua0000PP �\ \) `t. e �. a F D t. VICINITY&LOCATIONMAP From USGS CAMA Permit Application Exhibit Map Swansboro Quadrangle toserve -.` y 7.5' Series 40, Brooks Lot Recombination f = 2000' " WaterStreet,SwansboroNC ;d Sheet 1 of 3 '' ' 0 2000 4000Sand ' �f Owner 1 ` Mr Homer Brooks B""� 130 oe / o 3837 ----------------------------------------- --- ------ existing collapsing steal ; ; j dilapidated pier & deck to be removed culvert replaced -_------------_ > — ----- before constructing bulkhead -I- _ _ / _ treated wood piers with "L" platforms white top stakes, typ intermittent & sporadic presence of Spartina patens & Distichlis spicata A Lot B SIS 95 C +1.T rrd X 92.7 LF proposed ElR 4.6 -6.8' mlw 1.1' - - - - precast concrete v/ — bulkhead, 1' wide LEGEND: ------------------------- SIS=setironstake---------- ------ Lot A / SIS mlw = mean low water � 5' Scale : 1" = 20' 1p mean high water mark - - - ----- ---- - -- -- Casper Marina o 10 20 to adjacent rP avian Concrete Bulkhead access setback (typ) A 50' B 6' wide pier with typical pier piles at 8' o.c. C sift fence white top stakes, typ ------ - ------- ------------------------------- ----------------- ----------------------------------------- 4.Q--1.0%skrpe�- - -- ---- ---- ----- ---- a X.s s • - \`'\ 2.0 t 4 t 4 4 t t 4 4 t 4 4 i,1, bulkhead , /`/ y - - - --mean high water— — t t t 4 t 4 4 t clean sand still fiB"/"/`/"/"/`/`/ l m1 /4`ti 4'4 4`t t t Y t t t O.OmIw����LJ «/���LJf<L_J�t.�/4`fL`_L.J ______----meanbwwater--- -- --- t t 4 t 4 t 4 t 4 4 t 4 t 4 4 4 t 4\ 4 t ;414/Y/t/4/ f J 4lt ♦ t 4 4 4 4 4 t t 4 4 4 4 4 4 t 4 Y 4 Y 4 t 4 t 4 t 4 Y t 4 4 4 ......... t .. A ... 4 t 4 t t Y 4 4 t 4 t 4 t t Y 4 t♦ t 4 t t 4 t 4 4 4 4 t t t 4 4 4 t 4 4 4♦ 4 4 4 t i tt_5 t+k5t4_5 445Y 1 '454 }� t+�5 4 4 4 4i5t ________________ ____ ______ 4 4 4 t 4 4 t 4 4 t 4 k 4 t t 4 Y t 4 t 4 4♦ Y 4 4 t 4 4 4 Y t 4 t t 4 t 4 t t Y t t 4 4 4 4 4 4 4 t t 4" t t Y t 4 4 4 4 4 t 4 4 4 4 4 4 4♦ t 4 4 t 4 4 4 4 4 4 4 4 t 4 4 4 4 4 4 t L <JJ_L JJ- 4<JJ_<1J_LL JJ_L <J_.L<JJ_L 1JJ_L JJ-F1J1 L1J_.CFJJ_«J-LL 4 4 t t Y t v 4 Y 4 4 Y♦ Y♦ 4♦ 4 t 4 t 4 4 t 4 t 4 4 4 t 4 t 4 4 4 4""" 4♦ t 4 t 4 t 4 t t t 4 4 Y 4 4 4 4 4 4 4♦ t 4 4 4 t t Y 4♦ 4" t 4 4 t Y 4 4 4♦♦ 4 4 4" 4 4 -4.0y-4-}yw.-tryh�.-Yy4-'c'y h'h-F}h.` it-a-Fyl-t-yth-i}; �v-F tl.-trb 4�v-F}h.-Fyh4-4'}t 1-------- ---- ------ " 4" t 4 4 4 4 4 t 4 Y♦ 4 Y t Y 4 4 4 4 Y 4 4♦ 4 t t 4 4 t Y Y\ 4 4 4 4 4 4 t Y 4 Y t t 4 t 4 4 i5 4 4] 4 t 4 t 4 t 4 t 4 4 4 4 `t'f 4 4 4 4 __ _____ ______ T]-i IT7 rT> ✓\T7%T]%-rTJ%!]7-FT> TTJ rT>J/T"7iF`77-Ir]-i rT4 Y 4 4 4 4 t 4 t t 4 t 4 Y 4 t" 4 t 4 4 4" 4 4 t 4 t 4 t 4 t t 4 t 4 4 t Y 4 4 4 4 4 4 4 t 4 4 t 4 4 4 4 4 / / ! ! / / / / / / / / / / / / / / / J / / / / / / / ! / / / f / / l / / / l / JtL[l11 % 111111 Jam`/t L4J4 4L t14ltL4J J%L LLJ4<`<J4 O 4 t 4 t 4♦ t t t 4 t 4 t t 4 t 4 t Y t 4 t 4 4 t 4 t 4 4♦ 4 t t t 4 t 4 4 4 4 Y 4 4 4 t♦ ♦ 4 4 " 4 t 4 4 4 4 4♦ t 4 Y t Y t 4 4 t 4 4 4 4 t 4 t 4 4 t 4 4♦ t t t 4 t 4 t 4 t t t 4 4 4 4 t t\ 4 4 t 4 4 4 t 4 4 t t Y 4 t t t / ! 4-t1-44h-'ry h�v-Fy+[-'HylY+u-4yh�rY41-4yh�v-y44-4bhh-Y\h-Fy'v'h-'v4 h�F}by-4yhA-444-tryh�v- ; `t t Y Y 4`t`t 4 4 t`4 4/4`4`t 4 t 4 t 4 4 4 4lY/4 4♦ 4!4`Y 4 4`t/t t/4 4 4 t/Y ktt t 4 t`4`t 4 Y 4� 4 4`t/t Y 4`4 4 t 4 4 t t 0 4 T474 4 4>4!4 iT"74 4 t>4 t 4 t>til-%T?`-/T]t/t/T`7`-rT>`%�t/aT">`�1�•4Tq>7+T"T>t/�T>t7-r t>4 4 t]474 t 4V-N> `4 4Tt>//Y`IUW I4/4Jt`Y 4 " 4 4`4 4/4 t`4Jt \ t 4/v Profile View 4`4 4`4/4 4 4`4 t \ t/�•tlR 4 4 Seale: ver V = 41 / her 1' = 20' Pier Profile Plan = LAMA Permit Appliention Exhibit Map 2 6 9 y o Water Street Lot Reeombination 'n "�YPo LL_--ju Swansboro, NC Sheet 3A 2406"d Brooks Eleetrie & Constraetien 1123196 � 1 2\ \ � � f f � � \ � } { - f� �{/�1 . �� \\ y � f . ^ \ \ \ { j � \ �\\ / /� � ^ \ � \ \ � � �f � �I L SI A E PLA v CAMA Permit Application Exhibit 10^><ap Water Street Lot Recombination Swainsboro, NC Sheet 2 of 3 owner mean high water z„ Mr Homer brooks " M Casper Marina Concrete Bulkhead — W,yje %Qla" d t 1215/96 Settle: 1" = 60' e i0 80 1 1 1SO r— Casper Marina Docks Water Street R/W varies Lot A Lotl B 74.49'I I 85.21' 1 1 n7 mooring piling � 1 t 1 1 1 I I I 1 1 White Oak ]River rev 12/17/95 ; note replacement of steal street culvert with concrete — eAsting storm drain grate inlet NOTE: Proposed buildings, existing improvements, boundary, mean high water mark, and ES AEC from map by Charles A Rawls & Associates, entitled "Lot Reombination For Brooks Electric & Construction Inc" dated 3/3195. existing steal culvert with rust holes causing soil piping land subsidence & sedimentation of White Oak River, to be replaced with reinforced concrete culvert to stop sedimentation o ! Proposed 2244 SF buildings as review approved ii by Swansboro Historical District Commission Ityp Estuarine Shoreline - AEC, �I 6 11 N/FTholnarEParkin `••.,� u1"�t�pl O lit ' existing shed, wood deck, and Per ; dilapidated pier & deck to be removed I _ 1 I I proposed concrete bulkhead I � proposed piers I I � Howard Dock �!• 15' riparian access setbacks 1 ' I I Whil t- O ak Rivcr I I I 1 State of North Carolina Department of Environment, Health and Natural Resources • Division of Coastal Management A James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary [:) E H N FR Roger N. Schecter, Director May 9, 1996 Mr. I. Clark Wright, Jr., Esquire Ward & Smith, P. A. P. O. Box 867 New Bern, NC 28563-0867 Dear Mr. Wright: It is the policy of the Division to inform parties who have objected to the issuance of a CAMA permit of the final action on such request. The items of concern listed in your January 16 letter to Jim Mercer have been carefully reviewed under the Rules of the Coastal Resources Commission. Staff review revealed no inconsistency with those rules for Mr. Brooks' request. Therefore, a permit has been issued to Mr. Brooks using, of course, his revised pier plans. The permit provides numerous environmental, navigational, and highground development safeguards. Should you have any question after reviewing the enclosed permit, do not hesitate to contact this office. Very sincerely, Jo .Parker, Jr. Major Permits Processing Coordinator JRP:jr/aw cc: Homer Brooks Jim Mercer P.O. Box 27687. ��� FAX 919-733-1495 Raleigh, North Carolina 27611-7687 Nif An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/100/. post -consumer paper HortNt c and Construction, Inc. P. O. Box 594 Swansboro, N. C: 2$18 July 17, 1996 Mr. Jolt Parker crr Permits Processing Coordinator P. O. Borax 27687 Ralf, N. C. 27611 Dear Mr. Parker: l RGENT ATTENTION NEEDED it is Wednesday morning, July 17, 1990. At this time, Mr. Casper is iv+uilding his docks and encroaching on my riparian water rights vit 221 Water Street, Swansboro, N. C. I ask yuu to take what c �,er action needed to stop this immediately. Please use this fax as a formal ATitten request for any perwits issued to Casper's Marina to be forwarded to we for use in the appeal process. A rctm fax acknowledging receipt of this doctiment is requested. cc: Prey Pate Chtules Jones Cures Pickett Buckmaater Coyne, Atty. 9 Simcrroly, Homer Brooks DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF May 23, 1996 Regulatory Branch Action ID No. 199603014 and State Permit No. 67-96 Brooks Electrical and Construction, Inc. ATTN: Mr. Homer Brooks Post Office Box 594 Swansboro, North Carolina 28584 Dear Mr. Brooks: Reference your application for a Department of the Army permit to construct piers and construct and backfill a bulkhead, resulting in the filling of approximately 230 square feet of wetlands adjacent to the White Oak River, on lots 219 and 220 on Water Street, beside Casper's Marina, in Swansboro, Onslow County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in Your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished with enclosure: Chief, Source Data Unit NOAA/National Ocean Service ATTN: Sharon Tear N/CS261 1315 East-West Hwy., RM 7316 Sivler Spring, Maryland 20910-3282 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health. and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Parker ivision of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Pivers Island Beaufort, North Fisheries Service Carolina 28516 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 3441 Arendell Street Post Office Box 769 Morehead City, North Carolina 28557 Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 REcVEO MAY 281996: COASTAL MANAGEMENT DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 General permit No. SAWC080-N-000-0291 Name of Applicant GENERAL PUBLIC Effective Date February 11, 1991 Expiration Date February 10, 1996 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to perform work in or affecting navigable waters of the United States and waters of the United States upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 403) and to Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby re -issued under authority of the Secretary of the Army by the District Engineer Wilmington District U.S. Army Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 To authorize those -construction activities that receive prior approval from the State of North Carolina in the form of the following authorizations: Coastal Area Management Act (CAMA) Permit. 2. Permit to Dredge and/or Fill. 3. Water Quality Certification (Section 401 of the Clean Water Act). This general permit applies in Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington Counties, North Carolina, U.S. Army Engineer District, Wilmington. Operating Procedures: a. Applications for State and Federal authorizations will be accepted directly and simultaneously by both the North Carolina Division of Coastal Management (NCDCM) and the Wilmington District, Corps of Engineers (Corps). Receipt of a complete application by the NCDCM will initiate field review to r -2- include a site visit and preparation of an Environmental Consultant's Field Report. Receipt of an application by the Corps will initiate Federal review. Immediately upon receipt by the Corps, an application will be assigned an identification number, acknowledged, and the appropriate Corps Area Coordinator will examine the application to assure that it can be processed pursuant to this general permit. The applicant and the NCDCM will be furnished written notification of the Area Coordinator's determination. Notification to the applicant will include a brief description of the administrative process. For those proposals which may result in a discharge into the waters of the United States, the North Carolina Division of Environmental Management (NCDEM) and the applicant will be informed regarding the applicant's need to obtain a Water Quality Certification in accordance with Section 401 of the Clean Water Act. b. The NCDCM Environmental Consultant's Field Report will be furnished by the respective NCDCM Regional Offices to the Corps. The Corps will provide copies of this Field Report to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), and the U.S. Environmental Protection Agency (EPA). Receipt of the Report will initiate the Federal agencies' review. The agencies will be provided sufficient time by the Corps, normally 30 days, before their comments or recommendations, including any recommended modifications or conditions necessary to make the proposal acceptable, must be received by the Corps. Should the agencies not comment within the review period, it will be assumed they offer no objections. Extensions of time will be granted for agency review only if justified by unusual circumstances. If an extension is granted that would delay a NCDCM decision by the date on which an NCDCM decision must be made, the application may be removed from this general permit. c. The permit review process conducted by the NCDCM is a public process involving public notices in local newspapers, public hearings, and various public appeal procedures. In order to further inform the public, the Corps will distribute, at intervals of approximately two weeks, an additional public notice listing those permit applications received and being considered by NCDCM and the Corps of Engineers under this general permit since the preceding notice. The notice will invite, for a period of not less than 15 days, public comment and/or requests for additional information and for public hearings. All comments will be considered in the overall State/Corps decision on the permit. d. This general permit does not, in any way, alter established procedures or responsibilities, as required by Federal laws, memoranda of agreement, or administrative regulations with respect to the Corps' coordination with the review agencies. The applicant will continue to have the opportunity to rebut objections to the proposal. -3- e. After agency comments are received, they will be reviewed by the Corps and a coordinated Federal position will be prepared and furnished to the the NCDCM, Raleigh, within 45 days after receipt of the State Environmental Field Consultant's Report. The coordinated Federal position will include all conditions (including recommendations for denial) recommended by the three Federal agencies listed in paragraph b. (above) unless a changed or omitted condition has the prior written agreement of the affected agency. f. In those cases where the Corps does not concur with conditions or recommendations of one or more of the three listed Federal agencies, no coordinated Federal position will be furnished to NCDCM until and unless Federal agency agreement has been reached including, if necessary, entering into the referral procedures outlined by current memoranda of agreement between the Army and the respective agencies. The three agencies will be furnished a copy of the coordinated Federal position at the time they are furnished to NCDCM. g. If the conditions (including recommendations for denial) from the review agencies are unacceptable to the NCDCM, the NCDCM will contact the Corps within 10 days of receipt of the Federal position to resolve the conflict. If resolution of the conflict involves changes to the conditions or recommendations provided by the Federal agencies, the provisions of paragraphs e. and f. (above) will apply, including the procedures of the memoranda of agreement, if appropriate. If the conflict is resolved to the satisfaction of the Corps and other affected review agencies, the NCDCM permit will be issued and the authority of the general permit will apply. h. If the conflict is not resolved within the time necessary for a decision by NCDCM, NCDCM may proceed, independently, to conclude the State action without inclusion of the Federal position. In this case, the applicant and the NCDCM will be notified immediately in writing that the State permit does not satisfy the Federal permit requirements and that the project in question may not proceed in the absence of Federal authorization. i. If the coordinated Federal position is not in conflict with State agency positions, law, regulation, or policy and is otherwise acceptable to the NCDCM, a State permit will be developed by the NCDCM fully incorporating the State and Federal positions. Copies of the permit will be furnished to the applicant and the Corps. When required, a copy of the Section 401 Water Quality Certification will be furnished to the applicant and the Corps. Issuance of both the NCDCM permit and the NCDEM 401 Certification, if required, must precede validation of this general permit by the District Engineer or his representative. 1 -4- j. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that Federal authorization is also denied. k. Following issuance of a NCDCM permit, the project will be monitored by NCDCM personnel and inspected for compliance in accordance with normal NCDCM regulations and procedures. Monitoring and periodic evaluation will also be conducted by Corps personnel. If at any time a violation of the NCDCM permit is discovered which would also have been a violation of the Federal position, enforcement action may be taken by both the NCDCM and the Corps in accordance with their respective regulations and policies. 2. General Considerations: a. All activities identified and authorized by this general permit must be consistent with the terms and conditions of this authorization. Any activity accomplished, but not specifically identified and authorized herein, may constitute a violation of Federal statute and result in legal proceedings as may be considered appropriate by the United States Government. b. All activities authorized by this general permit which involve the placement of dredged or fill material in waters of the United States or ocean waters shall be consistent with the water quality standards and management practices established pursuant to the Clean Water Act (33 U.S.C. 1344), the Marine Protection, Research, and Sanctuaries Act (33 U.S.C. 1413), and applicable State and local law. To assure preservation of water quality, before any work is authorized by this general permit, a property owner, if required to do so, must apply for and obtain a Water Quality Certification from the NCDEM in accordance with Section 401 of the Clean Water Act. c. This general permit does not authorize any activity which might affect a threatened or endangered species as identified by the Endangered Species Act (16 U.S.C. 1531) or adversely modify critical habitat of such species without consultation with the USFWS. d. When using this general permit, a property owner must make every reasonable effort to prosecute the work in a manner so as to minimize any adverse impact of the work on fish, wildlife and natural environmental values. e. When using this general permit, a property owner must prosecute the work in a manner so as to minimize any degradation of water quality. f. A permittee will allow the District Engineer or his representative to make periodic inspections at any time deemed necessary in order to assure that the activity is being performed in strict accordance with the terms and conditions of this general permit. -5- g. The property owner will maintain any structure authorized by this general permit in good condition and in accordance with approved plans and drawings. h. This general permit does not convey any rights, either in real estate or material, or any exclusive privileges; and it does not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations, nor does it obviate the requirement to obtain any other Federal, State, or local assent required by law for the activity. i. Authorization provided by this general permit may be modified, suspended, or revoked in whole or in part if the District Engineer, acting on behalf of the Secretary of the Army, determines that such action would be in the best public interest. Modification, suspension, or revocation may occur as a result of the evaluation of the permitted activities and their individual or cumulative adverse impacts. Unless subject to modification, suspension, or revocation, the term of this general permit will be 5 years. Any modification, suspension, or revocation of authorization will not be the basis for any claim against the U.S. Government. j. If subsequent to performance of the work, should any information or data furnished by the applicant prove to be false, incomplete, or inaccurate, the authorization may be modified, suspended, or revoked in whole or in part, and the U.S. Government may institute appropriate legal proceedings. k. There will be no unreasonable interference with navigation or the right of the public to riparian access to navigable waters by the existence or use of the activities authorized by this general permit. 1. A property owner, upon receipt of written notice from the District Engineer of failure to comply with the terms and conditions of this general permit will, within 60 days, without expense to the U.S. Government and in such manner as the District Engineer may direct, effect compliance with the terms and conditions or return the worksite to prework conditions. m. This general permit does not apply to activities that would adversely affect an area listed in the National Register of Historic Places or an area which the Secretary of the Interior through the keeper of the National Register of Historic Places would determine eligible for inclusion in the Register. Proposals under this general permit will be furnished by NCDCM to the State Historic Preservation Officer for his comments prior to final permit activity authorization. Also, this general permit does not apply to activities proposed to be located on wild and scenic rivers established pursuant to the Wild and Scenic Rivers Act (16 U.S.C. 1278). n. This general permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled n to compensation for damage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. o. Any work performed in any area under the regulatory jurisdiction of the Corps which does not comply with the terms and conditions of this general permit must have prior approval under the customary regulations administered by the Corps as found in 33 CFR 320-329• 3. Conditions and Procedures: a. General. The aforementioned, detailed Operational Procedures apply to construction activities that, prior to issuance of this general permit, required State authorization in the form of a Coastal Area Management Act (CAMA) permit for major development and/or a permit to excavate and/or fill and Federal authorization as required by Section 10 of the River and Harbor Act (33 U.S.C. 403) and/or Section 404 of the Clean Water Act (33 CFR U.S.C. 1344). b. Application. Any member of the general public proposing to accomplish construction activities under the authorization of this general permit must submit an appropriate, complete application with drawings to the Wilmington District Engineer and the appropriate regional office of the NCDCM. c. Validation. No work may proceed under this general permit until and unless the District Engineer or his representative provides written validation that the procedures and conditions of the general permit have been satisfied. 4. Exemptions• a. This general permit will not be applicable to proposed construction when the District Engineer believes that authorization may be warranted but that the proposed activity would significantly affect the quality of the human environment. b. This general permit will not be applicable to proposed construction when the District Engineer determines, after any necessary investigations, that the proposed activity would adversely affect areas which possess historical, cultural, scenic, conservation, or recreational values. Application of this exemption applies to: (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273); those proposed for inclusion as provided by Sections 4 and 5 of the Act; and wild, scenic, and recreational rivers established by State and local entities. (2) Historic, cultural, or archaeological sites listed in or eligible for inclusion in the National Register of Historical Places as defined in the A -7- National Historic Preservation Act of 1966 and its codified regulations and in the National Historic Preservation Amendments Act of 1980. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. (4) Endangered or threatened species or habitat of such species as determined by the Secretaries of Interior or Commerce and conserved in accordance with the Endangered Species Act (16 U.S.C. 1531). c. At his discretion, at any time during the processing cycle, the District Engineer may determine that this general permit will not be applicable to a specific construction proposal. In such case, the procedure for processing an individual permit in accordance with 33 CFR 325 may be initiated. BY AUTHORITY OF THE SECRETARY OF THE ARMY: /s/ THOMAS C. SUERMANN LTC, Corps of Engineers District Engineer NEELL 694 3 2 as Swansboro Loop R Main Street Ext I1ry91J I J to Jackso�4 nville 3p WanSIMiO m Flo \ c r U aQ O m ��aspers Lomfion Map e Noll llT�+o e wansboro OUghts / DaYbeacan 4 °te cl, 9v _ tle u u 9 \9� l Dols _ •..,. � � � t' u 5� A /S •+ U, v 2 Front St ,,� `Water St Site ICww b From USGS %011 CAl APermitApplicatiouExhibiOb _ Swamboro Q�je toserve 9 7S' $cries BrooksLotRerombination t" 0 2000' 'WaterStreet,SwansboroNC 6 r'' . Sheet lof 3 .'`Y�`• 0 2000 4000 - : ®caner Chani n eL a ' N[r$YomerProoks '�'_^-•- BanksZSFV �8 .... - ��.11 I G existing collapsing steal ; dilapidated pier & deck to be removed culvert to be replaced --- ll.. before constructing bulkhead -I- _ _ t _ treated wood piers -, - with V platforms white top stakes, typ r intermittant & sporadic presence of Spartina patens & Distichlis spicata Lot B sls y - ss C +1.7' mlw X 927 LF proposed B� - - - 1.1' ml -a.6' ml -6.8' mlw precast concrete bulkhead, 1' wide >. LEGEND :�------------------------- SIS= set iron stake ---------- ------ a4 I mlw = mean low water Lot SIS�� 5' .Seale : f = 20' 0 mean high watermark ---------------- Casper Marina o 10 20 40 adacent riparian - Concrete Bulkhead access setback (typ) ter. 4 50, ' B 6' wide pier with typical pier piles at 8' o.c. C 6.1) ----------------------------------- ------------------------------------------ silt fence - - - - - - - - - - - white top stakes, tyP 10% slope—�-------- - ----- ----------- --- ------ a.o-- - ---- Aa. 10 - w�..a'.. �\, vw ------------------------- ----- ------------ -- ------ ......:e� . , :: :: t t t A t: t"•;�\:ter \2.0 51 ______________ _________ _ __ ____ ____ ______ .//// 2. '-I}', l^: fS1YTl1 - :: bukhead --- --mean high water— T`]]ixl BbiS!`T\'Y 4__________________________________________ _____ ______ t dean sand soil fill •`/ / / / / / / . ��✓JiL/�iJ �.fJ ��`J`_�s LJ�----------mean low water-- -- --- 0.I] mtw iJtJ a. t Y 4 t 4 4 4 Y t Y 'a \\ t\ 4 4 Y t A 4{ t 4 4 4 t t �t 4 1 4 t 4 t{ t\ t t t 4 4 t 4 4 a• t R t 4 4 4 4 Y Y{ A 4\{\ t A 4 1-Y<th-<t1-Y< ... . . .. . 1. . . . .. Y<+. 1-Y <�. ^. / / / / / / / / / / / l , / / A t 4 Y{\\\ t o t\ Y Y\\ t A\ A R 4 t t A 4 t 4 4\ t A\\{{ A t t t 4 t 4 y y Y is Y t] t Y t] 4 •� t A_ y\ 4 ir,`-/ / r Tilir ]isr>�i -'z.Q`i7 / r) / Tr] / r>`'i Pr] , ri7 !�r] / rr] i�r) i� t.. t 4 t _____________ ____ ______ t�R t` { 4{ Y t t 4 Y t t t t A{ t o\ t t\ Y t{ Y t t Y t t A t t t\ 4 t A Y{ t A t I t t {` LLJJ LJJ_LLJJ LLJ_LLJJ_L LJ_LLJJ_LLJJ LLJ_LLJ. LLJ_LLJJ_LLJ_LL ____________ t ♦ t A t 'a t A t t t 4 4 A t t\ 4 Y t A t t t \ Y t t 4 A\{ t Y t\ t t\ Y 4 4Y t t A { Y Ib\^.-Yb4VYRt-'T411-<btI441-Ybt^.-411-4b 1y-Ott-4b 1�-Y-,4-YYty-Y<Yt / / / / / / l / / ! Y t\ t A t t t t t t 4 t t\ t t t A t\{{ t t Y A t\ t t t t t{ t t t Y t t t\\ A A{ t t{ t{ 4 t.1 4 4 R 4 3 t t 1 t t t a t Y] •. A l 4 1 4 4 1?i )'`i�i i ]t/�/'{)ti5ii >�/Yi )i�'� ` }` Y t{{{{{{ t\ A t t t{{ t o t{ O t t\ t{ t{ 4{{ t t t t t t 4{ t 4 t t{{{ t t{\ t t 4 A{ t t Y Y A Y t t{ t{{{ t t t t\ t{{\ t t{ Y t{ t A t{{ t 4{ Y{{ t t Y{{ t\\{ 4{ 4 4{{ t Y{{ t t L..IILJJ`LLfJ LLJ_LLJJ Li J_AL J..LLJJ_ . J_LLJJ LLJ_LL JJ_LLJ_AL LJ_L LJJ LlJ_L <JJ LLJ_ _ -V Vt t t 1 t t\{{ 4 t t t a• A t 4 A t t Y t t{ Y t Y Y t Y t t 4 4\ Y Y t t\ t\ Y t t{{ Y Y t t A{ t t t t{ t{ / J / / / / / / / / / / / / l / / I , / / ! / / / / / .. / / / { t{ t t{{ t t t\ t{ 4 t t t t t t t R t t\ 4 t t t t t t A t t t t t{{{{ 4 t t t{ t t A{ t{ t t t t t t t t t' / / / / / / / .. / / / / / / / / / / / 1-Yb 1Y4hy_Yb 1K�4b1-M4�-4-tb ....a-'TY 1Y4ti1.. t-{......... ..•4.... Z . % 1 / / / / / ! / / ! , / / / / / / / / / / / / / / / / / / / / J / / / / / / J J / / / / .. / , / / / / t t{ t t t{{ t t t{ t t t t{ t{\ 4 t t A Y t l l t{ t{ l{ t t{ t t t\ t{{ t t t{{{ t{{ t t 4 t t t t{\ t t / / / / / ! / / / / / / , / / / / / / / / / / / / / / , / / / / / / / / / / / / / / / / / / / / , / / / .y`i r%)`/`%r ➢a'/%i) l`%.r r/`r )trtJtr 7`rr>Y}' i7.ri r•>t%/4)=J=/''i rr%)y %r`91r%) �/{i %%1/{ t7 , , , , ,I , , / , , , J Seale: ver 1" = 4' / her 1' = 201,- s Pier Profile PlanP) T � j , J(� = a z 1 CAMA Permit Applieation Mehl It Map I Water Street Lot Reeombination N 2 6 '='' Swansboro, NC Sheet 3A ,2a#&I d Brooks Eleetrie & Constraetion 1123196 L------ m ------------------- Water Street R/W varies existing storm drain grate inlet i , r----------- ' t NOTE: Lot A Lot B Proposed buildings, existing improvements, boundary, i mean high water mark, and ES AEC from map by Charles 74.49' 85 21' I I A Rawls & Associates, entitled "Lot Recombination For II Brooks Electric & Construction Inc' dated 3/3/95. SITE (PLAN LAMA lPermitApplication Exhibit Maj01 CD Water Street ]Lot ]Recombination Swansboro,NC - 34'typ Sheet 2 of 3 _3 :a C owner mean high water delineation I i I. "' MrHomer]Brooks II existing steal culvert with rust holes causing soil piping land subsidence & sedimentation of White Oak River, to be replaced with reinforced concrete culvert to stop sedimentation Proposed 2244 SF buildings asby Swansboro Historical District ;P I Estuarine Shoreline - AEC a N/FThomas E Parkin C} J existing shed, wood deck, and pier; ran dilapidated pier &deck to be removed a Caspar Marina Concrete Bulkhead ; ; ' '— " ap P L7=7- ��-s R&d14nJ rev 14/5/e8 Scale: 1" = eo' proposed concrete bulkhead o so 60 120 Casper Marina Docks L' f ' proposed piers k ry Howard mooring piling . y i ; ..y. 15' riparian access setbacks Dock WhiteCIA River WhiteOak River rev 12/1.7/95 ; note replacement of steel streat'culyert with concrete ' ' 927 LF proposed precast concrete bulkhead, shown 1' wide mean high water III Lot A SIS "`g1'NE Rau O — *040a041406004 SIS N/1F WT Casper Casper'sMarina Casper Marina ; Concrete Bulkhead 1 � Wayne Ragland ' rev 1215195 rev 3/11196 Seale : f = 20' ' 0 t0 20 30 1 i i SIS =set iron stake ' EIP = existing iron pipe X = existing spot ele mlw = mean low water mhw = mean high water Casper Marina Docks adacent riparian 15 types+ access setback (typ) existing moorimg piling White Oak River rev #2 : 12/17/95. spot elevations on water depth, mlw-mhw range rev k3 ; 3/11/96, convert "r platform to "U' boat slip, covered I � existing shed, wood deck and pier, dilapidated pier & deck to be removed Lot B I --- SIS ; +1.67' mlw I ' m .S C C Elf C • _� 0: treated with 'U8 platforms, wood piers 17 boat bay -- with roofed hoist SS�I =--4.58'mlw Cn CO ZY as -6J8- mlw BuU&ead Pier Dimension Plan I ,'' a pp ,on I [a WaterStreaLotRecombination SwansboroNC Sheet3of I owner E* HomerBrooks State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr„ Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 17, 1996 Brooks Electrical & Construction, Inc. P. O. Box 594 Swansboro, NC 28584 Dear Sir:: 16 1� •D' A ftft.WWftftN0ft ®E�HNFZ The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time; Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally, important coastal resources. - Very sincerely, �'a DU Johlu. Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, �®(t��{ , FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N40f 6) An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50%recycled/IM. post -consumer paper 1 r- CLARK, NEWTON, HINSON cC MCLEAN, L.L.P Al'TOPUNM AT LAW AND IN ADMIRALTY fW FRINr255 iiREei N1'ILUINLio;a, NORTII CAROLINA 26901 6FOROE T, CLAI BJL. JOIIN RICHARu NFV.T00- Rein G. Hi scw I. p;:.�. • -;N 2 May 1996 VIA FACSWILRTRANSMISSION i 117 ti.S. frlA (L 4 CSIMILE NO. 919) 636-2121 MAY 0 3 ,sag MEPWXE (910) 762-8743 TtLFCOPIER (910) 762-620o 1. Cl;t tight, fr., Esquire Ware -_ Smith, P.A. `tic_ tlx 867 _fern, '.orlh Carolina 28563-0867 Ire: `ropowd Development by Homer Brooks, Swansboro, North Carolina VNIA/Dredge & Fill Permit Applications Dear Mr. Wright: This law firm represents Mr. Homer Brooks. I am writing regarding the proposed CAMAI'Dredge & Fill Permit Applications Mr. Brooks has submitted and am specifically writing in response to your letter dated 26 March 1996. PIease address all future correspondence to Nir. Brooks' attention regarding this permit application to me, Mr. Brooks has attempted to accommodate his adjacent riparian owner at every turn and has been frustrated in this regard by his neighbor's continued attempts to block the issuance of this permit or to require modifications to the permit which would diminish the value and utility of Mr. Brooks' pro iect. Mr. Brooks has modified his project. plan twice in order to attempt to accommodate Casper Marina's owners' t:oneerns. Each time a modification has been made to the plan, Mr. Casper's position has changed, and this has resulted in all of Mr. Brooks' efforts to accommodate his neighbor being made "in the blind" to no avail. It appears to me that Mr. Casper is attempting to erect obstacles to the issuance of the permit rather than raising legitimate concerns regarding Mr. Brooks' proposed development, but I vAll not speculate further regarding the motivation underlying this effort. Mr. Brooks is entitled to issuance of his permit and conscroction of his pier as proposed. The proposed pier is consistent with applicable lai=, an:i departmental regulations. The matters set forth in your correspondence are matters with which we take erect exception, and although it is our hope and intention of resolving this matter amicably, by this correspondence, I am providing all parties notice that Mr. Brooks does not intend to tolerate Mr, Casper's further EG•d. HDI-�N--WDG 01 02122 Lh= GT5 TJ-H-MOW WDQ W3d-j TT:ST 9_.GT-Ze-}.I .,1 MIT. I. Clark Wright, Jr. 2 May 1996 Page 2 interference. I also wish to make certain specific points with regard to your 26 March letter, and they are as follows. 1. Contrary to your assertion to CAMA, water depth is a problem with this project. That is why Mr. Brooks added 10 feet to the pier, He is entitled to exercise his riparian right to wharf out to deep water. Adding ten feet will not unduly interfere with access to or from Casper Marina, and it will not violate any statutes, regulations or agency rules of which I am aware. Specifically, the additional ten feet proposed by Mr. Brooks will be in keeping with the length of Casper Marina's docks vis-a-vis the channel, and is also in keeping with other clock lengths present on this waterway. The length of the docks proposed by Mr. Brooks will not interfere with navigation. It would be unreasonable to require a shortening of the docks and I fail to see any legitimate objection pointed out in your letter requiring a shortening of the docks. 2. Mr. Brooks will not sign away his riparian'rights or alter his property line to accommodate Mr. Casper's encroachments. This point is non-negotiable. The concrete bulkhead erected by Mr. Casper is in violation of agency regulations and is an encroachment upon the land and riparian corridor belonging to Mr. Brooks. 3. It is evident that Mr. Brooks is not planning a commercial endeavor. .His agreement to accommodate Mr. Casper's wishes (he has changed his plans sever„ 1 times to accommodate Mr. Casper's concerns) would permit use by )ne per homesite as is depicted on the submitted plan. Any effort to deem , i a commercial development would be met with a serious challenge inasm:_ "I as that is plainly not Mr. Brooks' intention. Easements are not required for this type of development and a CAMA permit must be issued before application for an easement may be made. This was made clear by the Legislature in its most recent revisions to the easement statute, G.S. 146-12. I have had considerable experience with CAMA permitting matters, but I do not profess to know it all. I do know that these neighbors clearly would be better served by acting reasonably than they would if they continue this dispute. Mr. Brooks has made every effort to accommodate Mr. Casper's concerns and if the matter is not laid to rest now, then this firm will take such action as is deemed necessary to protect Mr. Brooks' interests. I hope that this will not be necessary, and that the project will proceed without further delay. I am informed that the permit will be issued this week as depicted on Mr. Brooks plans, and hopefully this will be the end of it. 20'd H0I31Ud-WDQ nl 0222 Lbc 5TG GU3H3'�JOW 1,13C 14MLI 71T:9T 95ST-£0-a,eW ro'd 1C101 Mr. I. Clark Wright, Jr. 2 May 1996 Page 3 Please call me if you have any questions about the matter. I look forward to hearing from you shortly. With kind regards, I am, Sicerely,n. inson RGH/hp cc: Mr. Homer Brooks Post Office Box 594 Swansboro, North Carolina 28584 Mr. James L. Mercer, (DCM) Mr. Preston P. Pate, Yr. (DCM) Mr. Cliff Winefordner (Corps of Engineers) Mr. Daniel Potter (Corps of Engineers) Mr. W. Daniel Martin, III (Ward & Smith) t'o'd HOID7dd-woa 01 ',t7F STG TIH?:-G3�Jr,w WDrT kln'Id -IT:9T f DEP:"PTNIENT OF ENVIRONMENT, HEALTH & NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT MOREHEAD CITY OFFICE 3441 ARENDELL STREET, MARINE FISHERIES BUILDING P. 0. BOX 769 MOREHEAD CITY, NC 28557 TO: OFFICE TELEPHONE #: :J . FAX #: FROM: OFFICE: r, TELEPHONE #: 726-7021 Ex - # FAX #: 2-M 247-3330 _ DATE: TOTAL NUMBER OF PAGES INCLUDING COVER SFIEI T: _ TO'd H9I3-Ud-WOG 01 0222 LVE 5TE Qh3H3L4OW W.J TT:9T 9E6T-2e-AHW State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director FACSIMILE TO: tc� C OFFICE: \";4 FAX #: C\ FROM: # PAGES: (including cover sheet) COMMENTS: a:Vax-4/9fi AL LA� 1DEHNFR P.O. Box 27687, Raleigh, North Carolina 27611-7687 Voice 919-733-2293 FAX 919-733-1496 An Equal Opportunity/Affirmative Action Employer 50% recycled/10% post -consumer paper DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD A,) APPLICANT: Brooks Electrical & Construction, Inc./Homer Brooks COUNTY: Onslow DI C) LOCATION OF PROJECT: on the White Oak River, Lots 219 ('A') and 330 ('B'), off Water Street, next to Casper's Marina, in the Town of Swansboro 12 1 DATE APPLICATION RECEIVED COMPLETE BY FIELD: January 26, 1996 >> FIELD RECOMMENDATION: Attached - NO To Be Forwarded - YES RE ZO EO 6 CONSISTENCY DETERMINATION: Attached - NO To Be Forwarded - YES FE�GEMENt FIELD REPRESENTATIVE: Jim Mercer DISTRICT OFFICE: DISTRICT MANAGER REVIEW: DATE APPLICATION RECEIVED IN RALEIGH: PUBLIC NOTICE REC'D: C�.V4 ADJ. RIP. PROP NOTICES REC'D: END OF NOTICE DATE: DEED REC'D: APPLICATION ASSIGNED TO: Q 0-A ON: �- - 'z o --9 b 75 DAY DEADLINE: 150 DAY DEADLINE: 6 MAIL OUT DATE:— I 9 STATE DUE DATE: FEDERAL DUE DATE: — X - FED. C�S REC'D: 4- 4--9 ,6 PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. office -C Div. of Community Assistance Land Quality Section Div. of Env. Management State Property Office e, Xll 4 Div. of Archives & History Div. of Env. Health Div. of Highways_ 14r",4v Wildlife Resources CommissionDiv. of Water Resourcesa,Div. of Marine Fisheries _ I� �� r TO: JOHN R. PARKER FROM: JAMES L. MERCER SUBJECT: COMMENTS AND RECOMMENDATIONS BROOKS ELECTRICAL & CONSTRUCTION INC. SWANSBORO / ONSLOW COUNTY DATE: March 20, 1996 I have reviewed the merits of the proposed project including the revised configuration of the twin piers as shown on the (enclosed) workplat drawing sheet 3 of 3 dated March 11, 1996. I have no objections with the proposed project and support issuance of the necessary permits. If possible, I recommend DCM issue the permit with the post script A and B. This will allow DCM to separate the authorization to construct and to be transferred the permit to a third party when either of the properties is sold. The following conditions for your consideration: #1. All proposed development and associated construction must be done in accordance with the permitted workplat drawings as originally submitted, and as revised on 8 March 1996. #2. All construction must conform to the North Carolina Building Code requirements and all other Local, State and Federal regulations. #3. Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. #4. Prior to initiating any land -disturbing activities, a barrier line of filter cloth, staked hay bales, or burlap must be installed between the land -disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetated cover. #5. Pursuant to 15 NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise disposed or to a third -party. #6. The alignment of the proposed bulkhead must be staked by a ( represen/tative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. COMMENTS AND RECOMMENDATIONS BROOKS ELECTRICAL & CONSTRUCTION INC. SWANSBORO / ONSLOW COUNTY Z i3P . The bulkhead must be constructed prior to any backfilling activities. #8. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. #9. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. S T�#10. The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. �3 #11. All backfill material will be obtained from a highground source and confined behind the permitted bulkhead. N cFe #12. The Town of Swansboro must obtain a separate LAMA permit for the relocation / replacement of the storm drainage pipe. #13. This permit authorizes only the piers and uses located in or over the water that are expressly set forth in the permit O application. No other structures, whether floating or stationary, may become a permanent part of this pier without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. #14. The pier shall have a minimum setback distance of 15' between any parts of the structure and the adjacent property lines as extended perpendicular to the channel into the water at the points where they intersect the shoreline. #15. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. io p 116. The authorized structure and associated activity must not cause an unacceptable interference with navigation. #17. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. COMMENTS AND RECOMMENDATIONS BROOKS ELECTRICAL & CONSTRUCTION INC. SWANSBORO / ONSLOW COUNTY NOTE: The permittee will maintain the authorized work in good ` condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. NOTE: The permittee and/or his contractor is urged to meet with DCM prior to project initiation. NOTE: Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (919) 726-7021 prior to commencement of any such activity for this determination. NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. cc: Charles S. Jones Jeff Ritcher State of North Carolina. Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director February 16, 1996 MEMORANDUM: TO: Kathy B. Vinson, District Planner Division of Coastal Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator 711, 40 IDEHNF1 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Brooks Electrical & Construction, Inc./Homer Brooks Project Location: on the White Oak River, Lots 219 ('A') and 330 ('B'), off Water Street, next to Casper's Marina, in the Town of Swansboro Proposed Project: to construct a residential building with commercial space on lots A & B; a bulkhead will be constructed on the combined shoreline and each lot will have an access pier. Please indicate below your office's position or viewpoint on the proposed project and return this form by March 8, 1996. If you have any questions regarding the proposed project, please contact Jim Mercer at (919) 726- 7021. When appropriate, in-depth comments with supporting data is requested. REPLY: _ This office has no objection to the project as proposed. 4;1"� A1!56- This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE -�/b�/% P.O. 86 69, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper MEMORANDUM: TO: John Parker FROM: Kathy Vinson SUBJECT: Consistency Determination, Major Permit Application, Brooks Electrical & Construction, Inc./Homer Brooks, Swansboro, Onslow County DATE: March 8, 1996 The applicant proposes to construct residential buildings with commercial space on Lots 219 and 220 off Water Street next to Casper's Marina, in the Town of Swansboro, adjacent the White Oak River. A bulkhead is also proposed, as is an access pier for each lot. AECs impacted by the work include the Estuarine Shoreline, Coastal Wetlands, and Estuarine Waters. Waters at the site are classified as SC and are closed to the harvesting of shellfish. The area is not a Primary Nursery Area. The project site may also contain some 1404' wetlands. I have reviewed this proposal for consistency with the 1990 Town of Swansboro Land Use Plan (LUP) Update and offer the following comments. The general area of the project is classified as Developed, while the AECs and any 1404' wetlands impacted by the work are classified as Conservation. The Land Classification System is discussed in Section III of the Plan. The Developed classification provides for continued intensive development and redevelopment of developed areas. The entire Town of Swansboro, as well as some adjacent ETJ areas, are classified as Developed. The Field Investigation Report notes that two dilapidated wooden frame structures have recently been removed from the lots, thus allowing for redevelopment of the site. Specific allowable uses in the Conservation class are discussed on Page 73 and include water oriented uses, such as piers, docks, marinas, and necessary utility lines. Page 73 of the LUP also includes the Town's policy for any development in 1404' wetlands. Swansboro accepts the permitting decisions of the U.S. Army Corps of Engineers and does not impose any additional requirements. Resource Protection Policies for Development in AECS are found on Pages 44-47 of the LUP. These policies reiterate that the Town of Swansboro will allow uses within AECs that are consistent with the State 7H Use Standards and local zoning. Appropriate uses in Estuarine Waters include boat docks and piers. Residential, cY recreational, and commercial uses are allowed within the Estuarine Shoreline, provided all state minimum use standards are satisfied. Allowed uses in Coastal Wetlands include piers and docks constructed in compliance with state requirements. Policies for Development in Areas with Constraints are discussed on Pages 47-48. These areas include those threatened by periodic flooding and cultural resource fragile areas, such as the historic district and other architectural and archaeological sites in the Town. As noted in the Field Investigation Report, the project site is located in a V-Zone classification, as determined by the Federal Flood Insurance Program. The site is not included in the National Registered Historic District of Swansboro. Applicable policies in this section of the Plan allow development in flood zones which complies with flood insurance requirements. Bulkhead Construction Policies are found on Page 50 of the LUP. These structures are permitted, provided construction is consistent with state requirements. Based on the above policies and land classifications, this proposal appears to be consistent with the 1990 Town of Swansboro Land Use an, prove e a oval, state and federal requirements can be satisfied. CC: Preston Pate Charles Jones Jim Mercer Bill Price St t f N th C I' lmgmawm gvao a e o or ar0 Ina Department of Environment FEB 21 1996 D Health and Natural Resources' • Division of Coastal Management .........................._ James B. Hunt, Jr., Governor � LA Jonathan B. Howes, Secretary Roger N. Schecter, Director February 16, 1996 MEMORANDUM: RECE, VED FEB 2 1 1995 TO: Mr. A. Preston Howard, P.E., Director j Division of Environmental Management e0 h FROM: John R. Parker, Jr. �� 0 6 Major Permits Processing Coordinator AY��paS�MEN� 6t MPNPG SUBJECT: CAMA/DREDGE & FILL Permit Application Review \ Applicant: Brooks Electrical & Construction, Inc./Homer Brooks v Project Location: on the White Oak River, Lots 219 ('A') and 330 ('B'), off Water Street, next to Casper's Marina, in the Town of Swansboro Proposed Project: to construct a residential building with commercial space on lots A & B; a bulkhead will be constructed on the combined shoreline and each lot will have an access pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 1996. If you have any questions regarding the proposed project, please contact Jim Mercer at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: 7", This agency has no objection to the project as proposed. SIGNED This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE t / P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Homer Brooks Brooks Electrical & Construction Inc. P.O.. Box 594 Swansboro, NC 28584 Dear Mr. Brooks: {\ .r �EHNI� ril 1996 Ons ow County DEM Project # 960066 COE #199603014 You have our approval to place fill material ' 230 square feet of wetlands or waters for the purpose of installing a bulkhead at lots 219 and 220 on Water Street near Casper's Marina, as you described in your application dated 21 February 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for gre purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes'to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733- 1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files John Parker; DCM Sincerely, , ckJ�A' 2 1 2 ston Howard, Jr. y el096 �0 Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 500% recycled/10% post consumer paper To: John Dorney Planning Branch DIVISION OF ENVIRONMENTAL MANAGEMENT CAMA MAJOR PERMIT APPLICATION REVIEW REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS REVIEWER: GREGSON WQ SUPERVISOR: ADKINS DATE: March 27, 1996 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 96 PERMIT NO.: 960066 COUNTY: Onslow PROJECT NAME: Brooks Electrical and Construction PROJECT TYPE: Bulkhead PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: February 21, 1996 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030501 *STREAM OR ADJACENT WATER BODY: White Oak River Restricted Ai CLASS: SC STREAM INDEX #: 20-32 *OPEN OR CLOSED: Closed WL IMPACT: Yes WL TYPE: SM WL REQUESTED: N/A WL ACR EST: Yes WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: ISSUE STORMWATER PLAN • Yes IF YE9,ATE APPROVED: PROJECT DESCRIPTION: The applicant proposes to develop two lots WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #3025 for CAMA Permits PtCEVEO MAR 28 9661 COASTAL MANAGEMENT on the White Oak River. SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: Proposed connection to Town of Swansboro Municipal System. TO BE PERMITTED BY: Town of Swansboro je s N{ice s ,ti L4rm ,. IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: 75 sq. ft. WETLAND: 155 sq. ft. IS FILL ELIMINATING A SIGNIFICANT USE? No RECOMMENDED CONDITIONS OR PERMIT RESTRICTION • That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. cc: Central Files Wilmington Regional Office Files DCM-Jim Mercer John Parker State of North Carolina Department of Environment, Health, and Natural Wilmington Regional Office James B. Hunt, Jr. DIVISION OF ENVIRONMENTAL MANAGEMENT Governor WATER QUALITY SECTION CMarch CERTIFIED MAIL Z 405 621 587 RETURN RECEIPT REQUESTED Mr. Homer Brooks Post Office Box 594 Swansboro, North Carolina 28584 Dear Mr. Brooks: Resources Jonathan B. Howes Secretary Subject: REQUEST FOR STORMWATER MANAGEMENT PERMIT APPLICATION Brooks Lot Recombination Onslow County On March 27, 1996, the Wilmington Regional Office received a copy of the Cama Major Permit Application for Brooks Lot Recombination. North Carolina Administrative Code 2H.1000 requires any project that must receive either a Sedimentation and Erosion Control Plan permit and/or a CAMA major permit to apply for and receive a Stormwater Management Permit by the Division of Environmental Management. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement action by this Office. Either a Stormwater Permit Application Package including 2 sets of plans, completed application form, fee, and supporting documentation, or a written response regarding the status of this project and the expected submittal date must be received in this Office no later than April 28, 1996, or the subject project file will be closed and construction may experience a subsequent delay. If you have any questions, please call me at (910)-395-3900. Sincerely_,, v vv„a '/ Linda Lewis Environmental Engineer DA/arl: S:\WQS\STORMWAT\STORMSUB\BROOKS.MAR cc: James Gurganus, Onslow County Inspections John Parker, CAMA Linda Lewis 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer �rState of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director March 1, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker Major Permits Processing Coordinator /\ ��' AgNbmdMbmdft �a, IDFEE HN11 hiAR 61 IDMF-PUB. TRJSUBLANDS SUBJECT: CAMA/Dredge and Fill Permit Application Review APPLICANT: Brooks Elec. & Construction Inc./Homer Brooks PROJECT LOCATION: In Swansboro, on White Oak River, Lots 219 & 220, Onslow Co. PROPOSED PROJECT: To construct a residential building with commercial space. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY A' There are no known public trust conflicts with the project location or design- There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. v It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. -�/fiJ 06.co O�r/Gy Go..e2/ - /L�cT ,,;coti4 T.t.0 Signed Date �° RECEIVED \ ^ MAY I�11996 COtiSiAt MANAGEMENT P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919- An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper �' State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director March 1, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries �EHN1� MAR 61996 DMFPU3.TRJSUBLANDS FROM: John Parker Major Permits Processing Coordinator R�CF�1�y96 o y XN t SUBJECT: CAMA/Dredge and Fill Permit Application Review t�}1 APPLICANT: Brooks Elec. & Construction Inc./Homer Brooks 8 L PROJECT LOCATION: In Swansboro, on White Oak River, Lots 219 & 220, Onslow Co. PROPOSED PROJECT: To construct a residential building with commercial space. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and mtra-agency commenting. REPLY There are no known public trust conflicts with the project location or design. There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. c/ It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. 7 /f �J Ot,C O o.✓c y co�ec�J .t z G' W/oF %.rt � s .sco.�4 r.�,C Signed Date Nf [/4/f/ONy G L-o fiJ ',o oeef P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1496 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: February 16, 1996 Mr. Charles Gardner, Director Division of Land Resources John R. Parker, Jr. Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Brooks Electrical & Construction, Inc./Homer Brooks Proposed Project: Z 1 1995 on the White Oak River, Lots 219 ('A') and 330 ('B'), off Water Street, next to Casper's Marina, in the Town of Swansboro to construct a residential building with commercial space on lots A & B; a bulkhead will be constructed on the combined shoreline and each lot will have an access pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 1996. If you have any questions regarding the proposed project, please contact Jim Mercer at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. W k This agency objects to the project for reasons described in the attached comments. SIGNED l ,( , �� DATE r P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper 1, State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director February 16, 1996 MEMORANDUM: TO: Mr. William A. McNeil, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator A/t •�' C EHNF1 RECEIVED FEB 2 I 1995 FEB jz�a�%L SUBJECT: LAMA/DREDGE & FILL Permit Application Review Z 9 Applicant: Brooks Electrical & Construction, Inc./Homer Brooks Project Location: on the White Oak River, Lots 219 ('A') and 330 ('B'), off Water Street, next to Casper's Marina, in the Town of Swansboro Proposed Project: to construct a residential building with commercial space on lots A & B; a bulkhead will be constructed on the combined shoreline and each lot will have an access pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 1996. If you have any questions regarding the proposed project, please contact Jim Mercer at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: /This agency has no objection to the project as proposed. _J This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE2-1,941(9 P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 2 57 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources 4 • • Division of Coastal Management _ James B. Hunt, Jr., Governor rlk Jonathan B. Howes, Secretary C) E H N FZ1 Roger N. Schecter, Director February 29, 1995 MEMORANDUM TO: Mr. Larry R. Goode, Phd., P.E. Q� Highway Administrator g Division of Highways iVl 18 p� EµENS FROM: John Parker, Jr. Major Permits Processing Coordinator _ 9 SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: ':::Brooks Electrical & Construction Inc./Homer Brooks PROJECT LOCATIO In Swansboro, on the White Oak River, Onslow Co. PROPOSED PROJECT: To construct a residential building with commercial space. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the a ch c yments. Signed (�/ C/ Date T� P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director EDFEE HNF1 RECEIVED F66 161996 February 16, 1996 DIY, OF. MARINE FISHERIES MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Mr. Bruce L. Freeman, Director Division of Marine Fisheries John R. Parker, Jr. Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Brooks Electrical & Construction, Inc./Homer Brooks on the White Oak River, Lots 219 ('A') and 330 ('B'), off Water Street, next to Casper's Marina, in the Town of Swansboro Proposed Project: to construct a residential building with commercial space on lots A & B; a bulkhead will be constructed on the combined shoreline and each lot will have an access pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 1996. If you have any questions regarding the proposed project, please contact Jim Mercer at (919) 726-7021. When appropriate, in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. project for reasons described in the attached comments. DATE 9 9P P.O. Box 769, 3441 Arendell St., Morehead City, North Carolina 28557 Courier Il 1-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor . Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM TO: John Parker, Jr. FROM: P.A. Wojciechowskii AFT•WIK�•Wk �EHNR 19 March 1996 SUBJECT: CAMA/DREDGE & FILL Permit Application Brooks Electrical & Construction, Inc./Homer Brooks i RECEEIVEO MAR 20 1996 CUAs AL MANAGEMENT Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. I VATTYA%1� P. O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 16� 'S5 c3 0FP17 State of North Carolina Department of Environment, f, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathon D. Howes, Secretary a Roger N. Schecter, Director February 29. 1996- MEMORANDUM RE C E IV E D TO: Ms. Linda Sewall Director Division of Environmental HealthaV• OF ENMONF01 ,474i Nu4LTy FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CA11MAlDREDGE & FILL Permit Application Review APPLICANT:':: Bro ks Electrical & Construction Inc.lHomer Brooks PROJECT LOCAT In Swansboro, on the White Oak River, Onslow Co. PROPOSED PROJECT: To construct a residential building with comercial space. Please indicate below your agency`s position or viewpoint on the propo>ed project and ?etutc this form by March 22, 1996. If you have any questions regarding the proposed proi ct, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agent% has no objection to the project as proposed. \11.,j _74" This agency has no comment on the proposed project. This agent} approves of the project, only if the recommended changes are incorporated. See attached. This agene_, objects to the project for reasons described in the attached comments. Signed Date rt- G O. Box 27667, Pdaigh, North Ccr hna t7c' 1.7607 Tewpnone 919-733-2293 FAX 919-733-1495 Ar. Equal Opno'uNty A"irrrid714e Acton 5—proyer 50% recydeo/10% ppSF-contumer paper ti State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director February 29, 1996 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History A 'I' 74** IDFEE HNFR FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: QBrooks Electrical & Construction Inc./Homer Brooks PROJECT LOCATON: In Swansboro, on the White Oak River, Onsiow Co. PROPOSED PROJECT: To construct a residential building with commercial space. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22, 1"6. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY\ ` This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director February 29, 1996 MEMORANDUM E) FEE HNF1 TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application APPLICANT: Brooks Electrical & Construction Inc./Homer Brooks PROJECT LOCATI In Swansboro, on the White Oak River, Onslow Co. ROPOSED PROJECT: To construct a residential building with commercial space. Please indicate below your agency's position or viewpoint on the proposed and return this form by March 22, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the J.. 2attached comments. Signed &)A. Date 3 -Z 1-4(e Cowl �e5:o, Cook: ,6 NCwtt� May 21, 1993 P.O. Box 27687, Rdeigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director February 29, 1996 hsWK6 t : I,1 i31 TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources /\ �' 1i..r E) FE F1 i�1. C►+1�i `�r � � DiwioN OF WATER RESOURCES FROM: John Parker, Jr. (4,tI J* Major Permits Processing CoordinatorSUBJECT: CAMA/DREDGE & FILL Permit Application ReAPPLICANT: Brooks Electrical & Construction Inc./Homer Br L 9 PROJECT LOCATIO In Swansboro, on the White Oak River, Onslow Co. PROPOSED PROJECT: To construct a residential building with commercial space. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REP% This agency has no objection to the project as proposed. X' This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1496 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper -DEPARTMENT OF ADMINISTRATION PO 6O STATE PROPERTY OFFICE j� DATE: L4 Is TO:_� FROM:, NOTE AND FILE NOTE AND RETURN TO ME ) RETURN WITH MORE DETAILS ( ) SEE ME ABOUT THIS ( ) PLEASE ANSWER ( ) PREPARE REPLY FOR MY SIGNATURE ( ) TAKE APPROPRIATE ACTION ( ) RUSH - IMMEDIATE ACTION ( ) PER OUR CONVERSATION PER YOUR REQUEST FOR YOUR APPROVAL FOR YOUR INFORMATION FOR YOUR COMMENTS SIGNATURE INVESTIGATE & RETURN SET UP FILE COMMENTS RJU�, DIVISION OF COASTAL MANAGEMENT � p�^� FIELD INVESTIGATION REPORT �l� 1. APPLICANT'S NAME: Brooks Electrical &Construction Inc. /Homer BrookIZY 2. LOCATION OF PROJECT SITE: In the Town of Swansboro on the White Oak River, Lots 219 ("A") and 220 ("B") off Water Street next to Casper's Marina, Onslow County Photo Index - 1989: Strip #165 Frame #15 @C-18 State Plane Coordinates - X: 2564200 Y: 345800 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 16 and 29 January, 13 February 1996 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 12 and 26 January 1996 Complete Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Swansboro Land Use Plan Up -Date 1990 Land Classification From LUP - Developed / Conservation (B) AEC(s) Involved: Estuarine Shoreline, Coastal Wetlands, Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Residential / Commercial (E) Wastewater Treatment: Existing - Town of Swansboro / Municipal Services Planned - Hook-ups (F) Type of Structures: Existing - Storm Drainpipe, Shed, Pier Planned - 2 Residential / Shops and 2 Piers, 1 Bulkhead (G) Estimated Annual Rate of Erosion: 1 Foot Source - Personal Observations / Shoreline Erosion 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Foot Print Value S. patens / Saltmeadow Hay 155 sq. ft. D. spicata / Salt Grass (B) Non -Vegetated Wetlands A = 75 sq.ft. A = 809 sq.ft. White Oak River/ Surface Waters B = 816 sq.ft. (C) Other / Highground: Backfill A = 660 sq.ft. B = 717 sq.ft. Buildings A NECovEa (D) Total Area Disturbed: Approximately 1 acre APR 29 1996 (E) Primary Nursery Area: No COASTAL (F) Water Classification: SC Closed _ MANAGEMENT 8. PROJECT SUMMARY: The applicant proposes to construct a residential build space on lots A & B. A bulkhead will be constructed on the combined shoreline have an access pier. :.� . State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N, Schecter, Director �l MEMORANDUM r February 29, 1996 IDFEE HNF=?L TO: Mr. Joe Henderson, Acting Director State Departm nt o Adminice istration MgYVM19 P FROM: John Parker, Jr. Major Permits Processing Coordinator . iC SUBJECT: CAMA/DREDGE & FILL Permit Application APPLICANT: Brooks Electrical & Construction Inc./Homer Brooks PROJECT LOCATION: In Swansboro, on the White Oak River, Onslow Co. PROPOSED PROJECT: To construct a residential building with commercial space. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY / This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. (� q Q2 Signed Date 1 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal OpportunityAffiimative Action Employer 50%recycled/ 10%post-consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 189D WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTsNT)OpNOF April 2, 1996 Regulatory Branch I Action ID No. 199603014 RECON9 996 Mr. John Parker APR L COASfAI Division of Coastal Management MANAGEMENT North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 C Raleigh, North Carolina 27611-7687 9 5 Dear Mr. Parker: Reference the application of Brooks Electrical and Construction, Inc. for a Department of the Army permit to construct piers and construct and backfill a bulkhead, resulting in the filling of approximately 230 square feet of wetlands adjacent to the White Oak River, on lots 219 and 220 on water Street, beside Casper's Marina, in Swansboro, Onslow County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommelld that the following conditions) be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. 3. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. -- - 5. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the /3 C authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 6. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve C the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. c� 7. The permittee will maintain the authorized work in good condition S and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. S. The authorized structure and associated activity will not cause an unacceptable interference with navigation. 9. k activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is ated as­t�rout_waters_by the-North-Ct=o-l-±TTcr-Dry sio=f^Environmenta2-Management (NC-DEM) , 25 NTUI s or less in all saltwater classes a lesstrout waE-ers, are not considered significant. 10. If possible, under applicable law, the permittee will incorporate this permit as part of the documents reflecting title to or interest in the real property affected. 11. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 12. This permit does not grant any property rights or exclusive privileges. 13. In issuing this permit, the Federal Government does not assume any liability for: a. Damages to the permitted project or uses thereof as a result of r other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public. c. Damages to other permitted or unpermitted activities or structures caused by the authorized activity. d. Design and construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. sincerely, of Vry H. Riter Proj Manager i7ilmington Regulatory Field Office 2 Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Field Supervisor U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 3441 Arendell Street Post Office Box 769 Morehead City, North Carolina 28557 Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF March 6, 1996 Regulatory Branch Action ID No. 199603014 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of Brooks Electrical and Construction, Inc. for Department of the Army authorization and a State Water Quality Certification to construct piers and construct and backfill a bulkhead, resulting in the filling of approximately 230 square feet of wetlands adjacent to the White Oak River, on lots 219 and 220 on Water Street, beside Casper's Marina, in Swansboro, Onslow County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by May 6, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Enclosure Copy Furnished (without enclosure): ✓r. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS C O• P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF March 6, 1996 Regulatory Branch Action ID No. 199603014 Brooks Electrical and Construction, Inc. S ATTN: Mr. Homer Brooks 1 Cusaa� Post Office Box 594 ,I� Swansboro, North Carolina 28584 Dear Mr. Brooks: On February 11, 1991, we renewed general permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received February 28, 1996, for Department of the Army authorization to construct piers and construct and backfill a bulkhead, resulting in the filling of approximately 230 square feet of wetlands adjacent to the White Oak River, on lots 219 and 220 on Water Street, beside Casper's Marina, in Swansboro, Onslow County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should You begin work. On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. P.n W 0 PACVJ P. b. It is necessary for you to have taken all appropriate and practical steps to reduce wetland losses. Please show all that you have done, especially regarding development and modification of plans and proposed construction techniques, to reduce adverse impacts. c. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed. Please show your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practical measures. This information is essential to our expeditious processing of your application and it should be forwarded to us by March 26, 1996. Also, a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199603014. It will be coordinated by the undersigned in our Wilmington Field Office. Mr. Richter is available at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): r. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Field Supervisor U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Charles Jones, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 3441 Arendell Street Post Office Box 769 Morehead City, North Carolina 28557 Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 REPLY TO ATTENnM OF Regulatory Branch Action ID. � CA to 030) 4 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEER P.O. BOX 1880 WIL MINGTON. NORTH CAROLINA 28402-1890 Applicant '6cco)t5 t, )2.C�C�co.) 0_ , \ C0<NS\r0&'0'\,)0C h{�w u)\'�e.4d Waterwayw� Mr. Larry Hardy National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Field Supervisor Fish and Wildlife Enhancement U.S. Fish and Wildlife Service post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 MofcFle.Qa C,�y Regional Office Division of Coastal Management North Carolina Department of Environment, Health and Natural Resourc lost 04-�' �ore..he.a� C:ltirl NC '3.BSS l Gentlemen: Pursuant to Action ID No. 198000291, the LAMA -Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before t Mdr6% 74$ \Ck b 1 Questions or comments may be addressed to �� "�`cN+C_r ' Regulatory Branch, �.� lm �s+or. Field Office, telephone (9 0) 1.S1' LA631� Sincerely, Enclosure A*t Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office F.� • DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Brooks Electrical & Construction Inc. / Homer Brooks 2. LOCATION OF PROJECT SITE: In the Town of Swansboro on the White Oak River, Lots 219 ("A") and 220 ("B") off Water Street next to Casper's Marina, Onslow County Photo Index - 1989: Strip #165 Frame #15 @C-18 State Plane Coordinates - X: 2564200 Y: 345800 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 16 and 29 January, 13 February 1996 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 12 and 26 January 1996 Complete Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Swansboro Land Use Plan Up -Date 1990 Land Classification From LUP - Developed / Conservation (B) AEC(s) Involved: Estuarine Shoreline, Coastal Wetlands, Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Residential / Commercial (E) Wastewater Treatment: Existing - Town of Swansboro / Municipal Services Planned - Hook-ups (F) Type of Structures: Existing - Storm Drainpipe, Shed, Pier Planned - 2 Residential / Shops and 2 Piers, 1 Bulkhead (G) Estimated Annual Rate of Erosion: 1 Foot Source - Personal Observations / Shoreline Erosion 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Foot Print Value S. patens / Saltmeadow Hay 155 sq. ft. D. spicata / Salt Grass (B) Non -Vegetated Wetlands A = 75 sq.ft. A = 809 sq.ft. White Oak River/ Surface Waters B = 816 sq.ft. (C) Other / Highground: Backfill A = 660 sq.ft. B = 717 sq.ft. Buildings A & B 4,488 sq.ft. (D) Total Area Disturbed: Approximately 1 acre (E) Primary Nursery Area: No (F) Water Classification: SC Closed 8. PROJECT SUMMARY: The applicant proposes to construct a residential building with commercial space on lots A & B. A bulkhead will be constructed on the combined shoreline and each lot will have an access pier. FIELD INVESTIGATION REPORT: BROOKS ELECTRICAL & CONSTRUCTION INC. PAGE #2 9. NARRATIVE DESCRIPTION: Mr. Homer Brooks is the owner of Brooks Electrical & Construction Inc, the registered CAMA applicant. Over the past few months, Mr. Brooks has worked successfully with the Town of Swansboro to "recombine" a piece of property located off Water Street on the White Oak River in Onslow County. The project site consists of approximately 0.54 acres of land next to Casper's Marina. Lot 219 ("A") contains 11,643 square feet and Lot 220 ("B") contains 11,946 square feet. In the past year, the site has been razed of the two dilapidated wooded framed structures that occupied the property. At this time, the property is basically unimproved with the an old net shed and pier on the shoreline of lot "B". In addition, a steel drainpipe on lot "B" connects storm water from the street to the river. Although, the project site slopes gradually towards the river, an isolated low area of non jurisdictions wetlands occupies the central portion of the site. Otherwise the site is covered with typical upland vegetation. The project shoreline, a combined 92 feet, exhibits signs of erosion. Above the Mean High Water level, the erosion scarp presents an irregular shoreline. The remanence of a true salt marsh defines the upper limits of the coastal wetlands. The sandy berm along the shoreline is covered with Saltmeadow hay and Salt grass. The vegetation is sparse and intermittent. The Corps of Engineers has determined the vegetation also to be 404 Wetlands. The Division of Archives has determined that the project site is not within the National Registered Historic District of Swansboro. The property is zoned by the Town of Swansboro as B-2 which allows for a mix of business and residential structures. As previously mentioned, a commercial marina is located adjacent to the southwest side of the property and traditional single family residents are found on the north east side of the project. The project site is located within a V-Zone classification by the Federal Flood Insurance Program and thus has been designed to meet the required elevation standards of + 12 feet. The Town of Swansboro will, at some time in the future, relocate and replace the storm drainpipe. The site will be serviced by the Town's municipal water and sewer systems. The White Oak River adjacent to the project site is classified by the Division of Environmental Management as SC. This is due impart to the proximity of the Town's wastewater treatment plant located on Fosters Creek. The surface waters are closed to the harvesting of shellfish by the Division of Marine Fisheries. Mr. B. Wayne Ragland, a registered Landscape Architect from Jacksonville, has consulted Mr. Brooks with technical drawings and information as well as submitting the application package on behalf of Mr. Brooks. The applicant proposes to construct a two story building on Lot "A" with a foot print value of 2,244 sq.ft.. The building will be located landward of the CAMA Estuarine Shoreline Area of Environmental Concern at a point some 74.49 feet from the northern property line along Waters Street. The upper floor will house a private residence while the first floor will FIELD INVESTIGATION REPORT: BROOKS ELECTRICAL & CONSTRUCTION INC. PAGE k3 accommodate a small retail shop. On the shoreline of lot "A", a pre cast concrete bulkhead will be constructed. In order to create a straight alignment across both lots, the 44 foot section of bulkhead fronting on lot "A" will be positioned waterward of the mean high water level at an average of 2 feet with a maximum of 5 feet as shown on the workplat drawing sheet 3A. The proposed bulkhead and associate backfill will displace approximately 50 square feet of marshgrass. It is anticipated that an area 40 feet wide landward of the proposed bulkhead will be disturbed for tie -back supports and as backfill is applied to the structure. Each of the two lots will be provided with an access pier. Since both lots are owned by the same individual there is requirement to meet the CAMA 15 ft. riparian sideline setback along the common lot lines of "A" & "B". Sheet 3A provides a clear understanding of the location and dimensions of the pier. The overall extent of the 95 foot pier can be described by the main leg, measuring about 85 feet long by 6 feet wide and a right-hand L-head platform measuring about 30.5 feet by 10 feet. It is important to note, that the overall length of the proposed pier has been redesigned to be 5 feet shorter that the overall length of the marina's dock. The applicant reports the mean low water depths to range from -1.1 foot along the inshore section of the main leg to -6.8 feet on the waterward side of the platform. The L-head platform is in close proximity to the marina's loading dock at the drystack ramp. Although the 15 foot riparian corridors has been illustrated by the applicant, the comer of the platform on the downstream side comes within 13.5 feet of the marina's existing dock. The adjacent property owner has expressed concerns over the location of the pier as it relates to gaining public access to his marina facility. It is also important to note that the main leg of the proposed pier will be off -set I foot from the common property line with lot "B". An other point of concern is the proximity of the proposed L-head platform(s) to an existing 10 pile cluster dolphin. As measured from the applicants drawings, the dolphin set is located about 60 feet waterward of the proposed platform(s). The development proposed for lot "B" is almost a mirror image of lot "A". The size of the building will be identical except the location is shown to be 8 feet closer to the White Oak River than the building on lot "A". The first floor will house a Bed & Breakfast business while the second floor will be strictly a private residence. The highground property of lot "B" landward of the CAMA 75 ft. Estuarine Shoreline AEC will receive the same treatment as lot "A". Along the shoreline, the existing net shed and dilapidated pier will be removed to create a unified appearance between the two lots. Prior to the development of lot "B", the Town of Swansboro as indicated that a willingness to relocate and replace the 18 inch steel, storm drainpipe that now runs the 228 foot length of the lot. This activity will have to be coordinated with the construction of the concrete bulkhead. The alignment of the proposed bulkhead on lot "B" has been well identified in the workplat drawings and at the site where flagged stacks mark line. Here again, in order to product a straight alignment with lot "A", FIELD INVESTIGATION REPORT: BROOKS ELECTRICAL & CONSTRUCTION INC. PAGE #4 the bulkhead will actually be installed a few feet onto the highground property. The bulkhead alignment however will involve the displacement of some 105 square feet of elevated coastal marsh grass similar in complexion to that found on lot "A". It can be anticipated that the small section of land waterward of the bulkhead on lot "B" will be excavated and the other large pieces of rubble debris will also be removed from the intertidal zone. The proposed pier on lot "B" will be no longer than the pier on lot "A"; measured about 83 feet from the bulkhead. The left-hand L-head platform will be slightly larger with length of 31.5 feet. The location of the pier will be in common line with the pier on lot "A". As the detailed drawings show on sheet 3A, the proposed pier will be offset from the property line by 1 foot. Adjacent to the property owned by Thomas E. Parkin, the proposed pier is setback a full 15 feet from the sideline. The mean low water depths are the same as found in and around the pier on lot "A". 10. ANTICIPATED IMPACTS: Construction of the proposed bulkhead will displace about 75 square feet of intertidal bottomland in the White Oak River as well as about . 155 square feet of coastal wetlands dominated by S. patens and D. spicata. Construction of the two proposed piers will occupy about 1,625 square feet of open surface waters. There are no free standing mooring piles associated with the proposed piers. It has been pointed out by Casper's Marina that boat traffic coming and going from the dry stack ramp and dock must travel in front of lots "A" & "B" when the Corps of Engineer's dredge boat ties up at the marina. The bow of the dredge ties -up to the dolphin shown in front of lot "A". The 100 foot long boom extends further upstream from the dolphin. The color aerial photograph listed on the front page of this report shows clearly the Corps of Engineer's dredge boat moored to the dock at the marina. Nevertheless, the proposed piers are in fact 5 feet shorter than the dock at the marina and there remains 60 feet of open water between the proposed piers and the existing dolphin. On the highground property, there is no measurable amount of impervious surface proposed within the Estuarine Shoreline Area of Environmental Concern. All construction activities associated with the proposed buildings will take place landward of the 75 foot AEC. PREPARED BY: JAMES L. MERCER DATE: 16 FEBRUARY 1996 120 WEST FIRE TOWER ROAD POST OFFICE BOX 8088 GREENVILLE, N.C. 27835-8068 TELEPHONE (919) 355-3030 FACSIMILE (9191 756-3689 FOURTH FLOOR 202 NORTH THIRD STREET POST OFFICE SOX 2179 WILMINGTON, N.L. 26402-2179 TELEPHONE (910) 762-5200 FACSIMILE (910) 762-0503 WARD AND SMITH, P.A. ATTORNEYS AT LAW 1001 COLLEGE COURT POST OFFICE BOX 867 NEW BERN, N.C. 28563-0867 TELEPHONE (919) 633-1000 FACSIMILE (919) 636-2121 January 16, 1996 Mr. James L. Mercer Division of Coastal Management Morehead City Office Post Office Box 769 Morehead City, North Carolina 28557 JAN 17 1996 POST OFFICE BOX 2091 RALEIGH, N.C. 27602-2091 TELEPHONE (919) 636-1800 FACSIMILE (919) 836-1507 RE: Proposed Development by Homer Brooks, Swansboro, NC Our File 90-3095(A) Dear Jim: I wanted to follow up my telephone discussion this morning with Pres Pate and document our conversation for your files. Our firm represents Mr. W.T. Casper (Casper Marine), owner of the property immediately to the west of Mr. Brooks' proposed pier development. Mr. Casper opposes this proposed pier development due to, among other things: • Severe and unavoidable impacts on navigation and boating safety in the immediate area. • Lack of a water dependent connection between the proposed upland development (bed and breakfast) and the proposed piers. IS Public trust impacts and failure to submit the required public trust easement application and related information. • Opposition to upland portions of the project from other neighbors in the community. • Violation of the 15 foot riparian buffer per 15A N.C. ADMIN. CODE 07H.0208(b)(6)(E). With regard to Mr. Casper's existing business, the development proposed by Mr. Brooks, if approved, essentially would render useless the eastern side of Mr. Casper's existing bulkhead and (easternmost) pier. Please accept this letter as part of the administrative record and permit file for Mr. Brooks' proposed development. Please also WARD AND SMITH, P. A. Mr. Jim Mercer January 16, 1996 Page 2 provide me, as quickly as possible, with a copy of Mr. Brooks' complete CAMA application once that application is finalized and deemed complete by your office. At that time, we will submit more detailed comments in opposition to this proposed development. Finally, I would like to request that you provide me with copies of any existing LAMA permits and drawings for existing piers, docks or marinas in this area that depict dividing lines of riparian access and/or the defined channel in this area. The area I am interested in involves properties located on Water Street, near the Broad Street intersection, in Swansboro. Should there be a charge for copying any documents you find, please submit an invoice with the copies and I will see that it is paid promptly. Thank you for your attention to these matters and I look forward to hearing from you in the near future. With best regards, I remain Yours truly, I. Clark Wrig Jr. ICW:icw WSMAIN/170411 CC: Mr. Preston P. Pate, Jr. Mr. Cliff Winefordner Mr. W. T. Casper, Jr. Mr. W. Daniel Martin, III 9&4~ R"gA LANDSCAPE ARCHITECT PROFESSIONAL SOIL SC1ZWXST SNVIROlLZYM HEALTH IWWZ; LIST FAX TRANSMITTAL COVE&^r-11 �J TO: COMPANY: TO FAX NUMBER: Mr Tames L Mercer Division of Coastal 919-247-3330 FROM: Wayne Ragland SUBJECT: Water Street CAMA application, Swainsboro DATE: Mar 14 1996 NUMBER OF PAGES : (including this page) 2 CONFIDENTIALITY NOTICE. The information contained in and associated with this facsimile is privileged and confidential and is intended for the sole use by the addressee. If you are not the above identified addressee or did not receive this copy from the addressee, please immediately notify the sender and return it to the address below. Thank you. MESSAGE At the request of and in behalf of the applicant (Brooks Electric & Construction) for the above referenced project, I am requesting to amend the design of the proposed pier(s) subject of the above referenced CAMA application. The amended geometry & dimensions are shown on the attached revision to Sheet 3 of 3 of the work plats submitted with the application. The plan revisions are the result of the discovery of some additional concerns of a riparian owner and the specific dimensions of the boat that will probably be moored at one of the piers. As was expressed in my memo of 1/24/96, Mr Brooks does not want either riparian owner to be adversely impacted and has expressed a ready willingness to seriously consider further amendments to the application to minimize the adverse consequences of any valid concern. Copies of this amendment request are being provided to the riparian owners to expedite their review and invite them to contact Mr Brooks (910-326-5920) if specific changes are desired. Hard copies are to follow by mail. Please advise if there are any questions. Sincerely ZUae�sce Rag$accd 910 347 9036 120 BALSAM ROAD, JACKSONVILLE, N.C. 18546-8508 page 1 0� State of North Carolina Department of Environment, Health and Natural Resources • Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ID E H N R Roger N. Schecter, Director April 12, 1996 Mr. Homer Brooks BROOKS ELECTRICAL & CONSTRUCTION, INC. P. O. Box 594. Swansboro, NC 28584 Dear Sir: This letter is with reference to your application for a Coastal Area Management Act Major Development and state dredge and fill permit to carry out construction on property located in Swansboro on the White Oak River, Lots 219 ("A") and 220 ("B") off Water Streete, Onslow County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G. S. 113A-122(c) which would make June 27, 1996 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. Very sincerely, John�R. Major Permits Processing Coordinator JRP:jr/aw cc: Jim Mercer DCM--Morehead City P.O. Box 27687, �I �FAX 919-733-1495 i Raleigh, North Carolina 27611-7687 1, r CAn Equal Opportunity/AfflrmatNe Action Employer Voice 919-733-2293 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources • • Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary 1:3 E H N Fit Roger N. Schecter, Director February 16, 1996 Mr. Homer Brooks BROOKS ELECTRICAL & CONSTRUCTION, INC. P. O. Box 594 Swansboro, NC 28584 Dear Mr. Brooks: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located on the White Oak River, Lots 219 ('A') and 330 ('B'), off Water Street, next to Casper's Marina, in the Town of Swansboro, Onslow County. It was received on January 26, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is April 11, 1996. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right- of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. ordially yours, I,. Mercer � Field Representative JLM/dh Enclosure cc: John Parker Charle?.R. %Q9, 3441 Arendell St., Morehead City, North Carolina 28557 Courier #11-12-09 Telephone 919-726-7021 FAX 919-247-3330 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10% post -consumer paper MEMORANDUM jc.. wa,~ mew&aw LANDSCAPE ARCHITECT PROFESSIONAL SOIL SCIENTIST FNVIRONW—WAL HEALTH SPECIALIST TO: COMPANY: Mr _lames L Mercer Division of Coastal FROM: Wayne Ragland ----'� SUBJECT: Broolrs Electric & Construction, Water St 1bt recombination. Swansboro NUMBER OF PAGES : (including this page) DATE : Jan 24 1996 message Dear Jim: Enclosed is an additional map providing the profile section view and other information requested for the CAMA application on the above referenced project site. In addition, I offer the following responses to your other inquiries. It is Homer Brooks' understanding that both lots will be used for residential purposes (upstairs portion of each structure) regardless of the uses that may occur on the first floor levels. Present uses proposed on the first floors is still a small retail shop & a bed & breakfast, as was originally reported in the CAMA application. The 404 wetland delineation on these 2 lots is the mean high water mark survey located by Charles Rawls & Associates, as referenced on existing CAMA exhibit map sheet 2 of 3. There is a presence of several species of rushes, Spartina patens and Distichlis spicata along the coarse textured high water berm and storm pipe subsidence terrace near the existing small shed. These areas do NOT have the prerequisite hydric hydrology to qualify as Section 404 wetlands but can obviously qualify as CAMA designated Coastal Wetlands AEC if you consider the intermittent & sporadic coverage sufficient. These conditions are mapped on the new map Sheet 3A. No significant presence of Spartina altemifolia or submerged species were found on the 2 lots. No true marsh exists on these lots. The proposed bulkhead along and near the mean high water line will be backfilled with a clean sand and topsoil from a commercial source. Approximately 150 to 200 cubic yards of material will probably be needed to raise the land surface of the half of the lot nearest the water so that a 1% slope for positive drainage is provided. In addition to the geotextile fabric along the rear of the bulkhead, a silt fence is proposed along the bulkhead to control any potential adverse sedimentation effects on the waters of the State. A USGS tide range study for the DCM at the Swansboro Hwy 24 bridge in 1977 indicates a normal tide range in that location of 1.4 to I.Y. The 20" provided was measured on the Casper Marina pilings & are very distinct. The profile view is based on that 20" measured range. 910 347 9036 120 BALSAM ROAD, JACKSONVILLE, N.C. 28546-8508 page I MEMORANDUM LWDSCAPE ARCHITECT PROFFSSIONAL SOIL SCIENTIST ENVIRONMENTAL HEALTH SPECIALS! In addition, the proposed 95' length of the proposed residential piers is a reduction of the original design based on requests by one of the riparian owners. Mr Homer Brooks has expressed a ready willingness to seriously consider further amendments to the plans if either riparian owner feels that the design as proposed will or may adversely impact either party. Copies of these revisions are being provided to the riparian owners to provide them with the opportunity to review, comment upon, & contact Mr Brooks if specific changes are desired. Please advise me if there are any questions or suggestions. Sincerely Copies: Brooks Electrical & Construction Inc W T Casper Thomas E Parkin Marta Boris, CESAW-CO-E Charles Rawls & Associates Inc `�MCY�q!lHYINP�Xa�N�Og9i� 120 BALSAM ROAD, JACKSONVILLE, N.C. 28546-8508 page 2 LANDSCAPE ARCHITECT PROFESSIONAL SOIL SCIENTIST ,WVIRONAMaAL HEALTH SPECIAUSf TO: Mr James L Mercer COMPANY: Division of Coastal Management FROM : Wayne Ragland SUBJECT: Brooks Eleetrical, Water St lot recbmbination, Swansboro NUMBER OF PAGES : (including this page) DATE: Dec 13 1995 message Dear Jim: Enclosed is the Major CAMA Permit application for the project referenced above & in your letter dated 12/20/95. Enclosures include (1) Application, Form DCM-MP-1 through 4 ; (2) work plats, 3 sheets ; (3) check for $250.00 ; (4) receipts for certified mail notifications of the riparian owners, 2 ; (5) copy of the deed for the 2 subject lots, 3 pages ; and, (6) copy of SAW-CO-E letter regarding 404 wetlands on the tract. To the best of my knowledge, no State or Federal permits have been requested on the subject parcels. The existing water depths relative to mean low water has been provided on work plat Sheet 3 of 3. Please advise me if there are any additional questions or if there are any suggestions. Sincerely 704'yKe ;Za9&Kd Copies: Brooks Electrical & Construction Inc `� JnEi 12 1-c�96 w...r....b......ai.oaLa,�b1�' 910 347 9036 120 BALSAM ROAD, JACKSONVTLLE, N.C. 28546-8508 page t REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 W ILMINGTON, NORTH CAROLINA 26402-1890 October 31, 1995 Regulatory Branch Action ID No. 199505803, Wetland Determination �1tf Mr. Homer Brooks """""'•----------- Post Office Box 594 Swansboro, North Carolina 28584 Dear Mr. Brooks: Please reference the September 5, 1995, meeting between Ms. Marta Boris of my Wilmington Field office Staff, yourself and your consultant, Mr. Wayne Ragland. During this site visit Ms. Boris evaluated your property, Lot 219 and 220 on Water Street in Swansboro, Onslow County, North Carolina, for the presence of jurisdictional waters or wetlands. Ms. Boris concurred with Mr. Ragland's wetland delineation. There was an isolated low area that appeared questionable in the central portion of the lot. This area was determined to be non -jurisdictional (Data Sheet Provided). Therefore, the only jurisdictional areas were adjacent to and joining the waters edge of the White Oak River. Issuance of Department of the Army authorization must precede any placement of excavated or fill material within any wetlands on your property. Unauthorized activity would be a violation of Federal law. Before you undertake any work, we strongly suggest that the wetlands be surveyed and platted on a property map. Such mapping would help you avoid any unintentional disturbance of wetlands on the site and would assist your planning and be essential to any application for a permit which you might submit. Surveyed wetland lines, shown on property maps, must be field verified and confirmed in writing by our staff to be acceptable. Questions or comments may be addressed to Ms. Marta Boris, Regulatory Branch, telephone (910) 251-4611. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copy Furnished: Mr. Wayne Ragland 120 Balsam Road Jacksonville, North Carolina 28541 Pnnte on ® ReoydW Pape, 1- r1r 11 Iv + KN"4%, W rr AmVI'JAZ m—oLol 4 1 b P40E 62 FHIS DO,".tIP,:EN,1' F'RESEM FED D fL: DFFICL D4?E Excise Tax Tax Lot No, Parcel Identifier No, 1405 49 Verified by County on the day of 18 by . Mail aftet i.•,,,rding to This instrument was prepared by . „ ... .. Brief description for the Indax , 40 ACRES ON WHITE OAK RIVER NORTH CAROLINA. GENERAL WARRANTY DEED THIS DEED made this 21st day of . SEPTEMBER 1994 by and between GRANTOR SETH W. HILLER, INDIVIDUALLY AND WIFE, SUSAN J. HILLER; SETH W. HILLER AS EXECUTOR OF THE ESTATE OF SETH HILLER; LAURTE H. :3RUMBAUGTi, AND HUSBAND P. DAVID BRUMBAUGH; GRETCHEN COSTANZA, AND HUSBAND SCOTT COSTANZA; NANCY HILLER, SINGLE GRANTEE BROOKS ELECTRIC AND CONSTRUCTION, TNC. P.O. Box 594 Swansboro, NC 28584 e-Itcr In appropriate block for each pasty: narne, address, and, If appropriate, charae4er of enilfy, e.q, corpotatlon or partnership, The designation Grantor and Grantee as used herein shall Include said parties, their heirs, successors, and asvigns, ar,d shall include slrgu!ar, plural, masculine, fe/ninlrle or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which Is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee In fee simple, all that (artain tut or parcel of lund altuated in the City of I SWANSBORO Township, ONSLOW„ County, North Carolina and rnore particularly described as fo!lows; BEING all of that property as shown on Exhibit A, attached hereto and incorporated herein by this reference as if fully set forth. 5yiP01� APR 15 '95 10:12 600K 1. 2' PAGE 64 The property herelnabove describe&was acquired by Grantor by instrument recorded in.............................................................. A map showing the above described property Is recorded in Plat Book . . ................... page...................... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title, Ili marketable and -free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persona whomsoever except for the exceptions hereinafter stated, Title to the property herelnabove described Is subject to the following exceptions: rU IN WITNESS WHEREOF, the Grantor has hereunto set his hand and reel, or corporate name by its duly authorised ufncerA and its real to be hereunto affixed by above written. has c sed this Instrument to be USflea in Its its fd of uirectots, the day and year first • / (SEAL) IT .T..R. DR P.YECUTOR O11 THE . Y-W(.l .(SM) SEAL) (SEAL) TT COSTA7 (SEAL) NANCY I LLE , SINGLE SEE ATTACHED EXHIBIT H FOR ACKNOWLEDGEMENT TO WARRANTY DEED TLv faregainr Certificate(s) Of .......... _-------------------- _-------------------------------------------------------------------------------- -------------------------- .............. _....... _----------------------------------------------- ___________________________________________________....._.________-_-___ Is/are certified to be correct. This Instrument and this certificate are duly rogistered at the date end time and In the nook and Cage shown on the first sae hareof. _3( Y�.-A. _- . ..................REGISTER OF DEEDS FOR .................................. _COUNTY By ____________________________________ pepu(//Ashl,tont. flerlster of Deeds Ifor Aa tm Farm No. 1 c 1976. Rc•hed cc) 1977-...�., wnu.,a s u, i,•,., e�. ur, v.'.,..••n,„ c voss mq Ly ApW-91 nll�,4a n.a ear Awe I%I ( r BOOK 218 pw 64 The property hereinabove described was acquired by Grantor by Instrument recorded to ....... A map showing the above described property Is recorded In Plat Book .. .. ....................... page ......................... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the promises In fee Pimple, has the right to convey the same In fee simple, that title. is marketable -and free and clear of all encumbrancee, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated, Title to the property hereipabove described is subject to the following exceptions: IN WtTNe99 WHaRROP, the Grantor has her sun to net his hand and seal, ar corporate, hat c std this Instrument to be d ned In Its eorporsly name by its duly authorises office ra and Its seal to bs hvreunte affixed bp• thotlty_ gAFIts rd of `hectors, the day an � year first above written, l/�/py//I ( SEAT, SET W. HILLER, AS EXECUTOR OF THE @R TW r1W. RMIPP OTT.T.1rR BOOK 121 b PAGE; 6 ! EXHIBIT A QUIT CLAIM DEED AND LIEN WAIVER Beginning at an iron stake in the Southern R/W of Water Street, said stake being located N`62°'33' 05" E 85.49' from an existing iron pipe, which comer is located •N 810 3011611 E 113.20' from an iron stake located at the intersection4f!the Northern margin of Water Street and the Eastern margin of} 3rvad;Streot,thence from said beginning point along and with the Southern Pu line of Water Street N"620 3310511 E 6.51' to a point; thence 16aving said`RYW-:Hhi S`32°`07' 33" E 235.35' to a point at the mean high water line of the White Oak .River, thence along said mean high water line S 670 57' 25" W 23.96' to an iron stake; thence N 27154' 20" W 232.31' to the point and place of beginning. Containing 0.08 acres. mx61se Tax 17V 6) 0 "W IVAUC QJ U U ,rnv vvwvlLnl rn6ow, my TO TAX OFFIC DATE CRAWrOltu COLLINS IJ 7: DQ w:armnH�rrre.a mYrrearbl.HNadC) Recording Time, Book and Page Tax Lot No............................................................ Parcel Identifler No.............................,............ _. Verldedby........................................................................ County on the ................ day of .......................... 10......,,.. by............................................................................................................................................................................................ Brooks Electric and Conatructionj Inc. Mall after recording to....................... ................................................................................................................................................................... . . 0. Box 594, Swanaboro, N. C. 285B4 This instrument was prepared by .. Brief description for the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this ................ day of ................................ 19......... —, by and between GRANTOR Sybil Dennis Moore and GRANTEE Brooks Electric and Construction, In P. 0. Box 594 Swrnsburv; 19. 0 . Enter In appropriate block for each party, name, address, and, It appropriate, character or entity, em. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context, WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is heroby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of.......Smansbor.o............................,.........,.................................... Townehip, Onslow County, North Carolina and more particularly described as follows: , Beginning at an iron stake in the southern R/W line of Water Street, said stake being located N 62e33'06"E 85.491 from the Northwest corner of that property conveyed to Seth Hiller by Deed Book 721, Page 779; thence along said R/W line N 62033'0611E 26.00, to an Existing Iron Stake; thence along a common .line with the Thomas Edward Parkin Jr western line S 27e54120ttE 234.781 to a point in the mean high water line of the White Oak River; thence along said mean high water line S 67e57125"ld 26.141 to a point; thence N 27m54120"W 232.311 to the point and place of Beginning. Containing 0.14 acres according to survey by Charles A. Rawls and Associates dated 08/01/94. N. C. We Amoc. Fnrm No. 3 * 1976, Revlua © 1977 —anin wan.m, a co. Inc.. eo. v), vW.bnm,, N, c 170CB Yam W by AIn.,.m wam In. a. e. as AW., -1,,, r - um 1t4Va7rAbk dVX ,,I The property hereinabove described was acquired by Grantor by instrument recorded in .................•....,,.,................................ A map showing the above described property Is recorded in Plat Book .................................... page ................ ...•.... , TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privilogos and appurtenances thereto belonging the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor Is seized of the premises in fee simple, has the right to conr the same in fee Simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant al defend the title against thelawful claims of all persona whomsoever except for the exceptions hereinafter stated, Title to the property hereinabove described is subject to the following exceptions: IN WITNESS WHEREOF, the Grantor has hereunto met his hand and meal, or If corporate corporate name by Alm duly Authorized officers and Its meal to be horoutl to will.. by authority above Written. -------------------•-------------------.-•-------•--- (W ' -� (Corporate Name) .7 z Sr .tlrf De nira Byl-•-•-•......................^-........................... 19 !_& Q ~ hay caused this Instrument to be signed Ih i (is Hoard of elrectora, the day and year fit Moore ----...taEAl ----------------------------President William 0. Moore ATTESTt-------------------------------------------------- (Corporate, Sent) (Jj 'l ,. PP ______________________ ______________________________(SEAL NORTH CAROLINA, ....... -&0..............County. : f, a Notary Public of the County And State aforesaid, certify that •lc2y U�-1--Dg piJ,.�_ Mq-q�Q__-____ a�. 410 -� ,gy and William C. Moore m. V •y"•7,:1____________________________________„-,_......,.u________________----.__.-__________-----_. pr¢ntol personally appeared befor0 m0 W1ts day tip. acknowledged the aXOCufIoR of the fotegolag Instrument. WIHIe11 no •� i(1.1' J ++ p hand and official stamp or peel, this day of ...___ /7v r: ) -r /�.qq v alY Commission expires:.,]4'1 I1� __L•V_f_C _ _ _ _-_______ Notary Pnbll - es ■ BEAL-STAMP NORTH CAROLINA----------------------------------•County. 1, A Notary Public of the County and State aforesaid, certify that ... ______________________________________ ,y personally came before me this day and acknowledged that -__. he is ....... _-------------- _.... aeera%ry of al I---- ----- ---- --- - ------------------------------------- A North Catalina corporation, and that by authority dull u '! Men and as the act of the corporation, the foregoing Instrument was signed In Its name by its _______________ GPresident, sealed with ]it corporate meal and Attested by .--.------- as Its ........................... Secretaty Witness my band And official stamp or seal, this ------- day of ------- _........ _.......... 10........ My commission expires:....................................................................... Notary Public ■un nmm� The forerc9mt Certificate(s) or .------^•---^-^--------•----�e1-:7(��d--�i�jga,its.................•---------'------------`------••-....... _-----'-`--------`............................................. .------------ ............................. -------------------- •--............ Is/al certified te-p______________________\_.._-.....•.......-_......_-__..•__-._______________________----..----__._______.______-__.._-..__.. Iles Ap he oh correcctt,�Th"TonlenIatI this certificate Are dilly reglotered at the date and time and In the Rook and Page shown an the �_ OnB-.OW _-COGNTT 1 ____.___...__...___.._-REGISTER OF DEEDS POR_.._...•_ ---------- _____.__.._ . By --- -------------------------------- -------------------------------- Deputy/AmsimtAnt- Reglster of Deeds N. C. ear Assoc. Form No. d a 19711, Revived a 1977 -.:..n w:,w,,,. A ca. P—.. er Asr..m.., wile 1M N, 0. e., Awa -10m1 BOOK 12 1 pAG 64 The property herelnabove described was acquired by Grantor by instrument recorded In .......................................................... A map showing the above described property Is recorded In Plat Book .................................... page ......................... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convl the same In fee simple, that title Is marketable and free and clear of all oncumbrances, and that Grantor will warrant at defend the title against the lawful claims of all pertions whomsoever except for the oxceptions hereinafter stated. Title to the property herelnebove described Is subject to the following exceptions: rorporatW114190 by NENS WHEREOF, duly uthorizedr officerscane Its sell to the his And Dy above written. . J t I this Instrumotlt to be A nod N I of Rueetors. the day any year Ar SEAL) SCOTT COST S P ie�►LI NANCX I LLER, 85GLE (SEAL) SEE ATTACHED EXHIBIT 8 FOR ACKNOWLEDGEMENT TO WARRANTY DEED The iaregain( Certifleate(s) of .................................... ..._ ------------------------------------------- ____________________________ Y.____..__....._...______________________.__..____..._... Ware corptlned to be correct. This Instrument and this certificate are dui r*9100tod at the date and tint And In the Book and Pope shown an the fiirrrstt�fpap hereof. �Yj'1' FT"l ................ANOIpTER Or DaaDB FOR— .......... •....... _.............. COVNTlt By................................................................... Depply/Aselelant• Retlstcr of Deeds N. C. It., Awn.. Farm N,a 9 0 1976. ReYlscd 0 1077 —Jlm. WIIINIM s on.. Ina. ao. I27, Ysumis., N. t. 2705a PAmtl LY AYIwmml..hn rn. N. 9. br AI... - 1981 Excise Tax V D - -11 a. ti t,rAUL :)UU p;4 CCT I it f l 9: ]0 INIS DOCUMENT PRESENTED TO TAX OFFIICCC DATE _.,..�_.��`�-� 19 CRAWFORD COLLINS YYYYewwiwYiYwiw•YeYieiYiisasa. Recording Time, Book and Fade Tax Lot No........................................................................................... Parcel Identifier No............,.....,... .................... 19.,....,,, Verified by...........:............................................................ County on the ............. dayof , by................ ......... ....... .......................... ........................................... ...... ... ....... _.................................................................................................. Mall after recording to .................. Construction, Ino. 8rooks...Electric.,,and Cons............................................................................................... P. 0. Box 594r Swansboro, N. C. 28584.......................................:.........................:................................................................................................................................................I............, Thisinstrument was prepared by............................................................. ...............,...,„,.,,,,..,,,,...,,,..........,.................................... Brief description for the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this _........... day of ...................... ............. ..........., 19............. by and between GRANTOR GRANTEE Sybil Dennis Moore Brooke Electric and Construction, In and P. 0. Box 594 Eater In approprlate block for each partyl name, address, and, It appropriate, character or entity, e,e, corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assiffne, and shalt include singular, plural, masculine, feminine or neuter as required by context. WITNEB$ETH, that the Grantor, for a valuable ennidderation paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of .._.Smanaboro .......................... Township, Onelow „ County, North Carolina and more particularly described as follows; Beginning at an iron stake in the southern R/W line of Water Street, said stake being 'located N 62033106"E 85.491 from the Northwest corner of that property conveyed to Seth Hiller by Deed Book 721, Page 779; thence along said R/W line N 6203310611E 26.001 to an Existing Iron Stake; thence along a common -line with the Thomas Edward Parkin Jr western line S 2705412011E 234.781 to a point in the mean high water line of the White Oak River; thence along said mean high water lire S 670571?_5"w 26.141 to a point; thence N 27054120"W 232.311 to the point and place of Beginning. Containing 0.14 acres according to survey by Charles A. Rawls and Associates dated 08/01/94. N. C. gar An". Far, No. 3 m 1976, Revned 97 1977—:,miwmnm. • co. Im.. em I22, r.r.Lwu•., N. c 27NO InmW 1v Aw.r..M il,h 10. N. Q 0.1 A. , -IN I . BOOK ]. Z U y PAGE 5 U I ,,I The property hereinabove described was acquired by Grantor by instrument recorded in .......................................................... A map showing the above described property Is recorded in Plat Book .................................... page .................... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to cons the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant a] defend the titlo against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: N IN WITNESS WHEREOF, the Grantor has herelinto let his hand and teal, or If corporgtn sop Souses this Instrument to be signed lh b "ovaCorpowrateitten. Homo by lb duly anthartsetl onleers and lie teal to be h.rennte aHlxe by autnorlty� Its Board of Directors, the day and year fit. abeVe Wrilton. .....-....--•__-_•______'_----__________________ !�,•!i•� (Corporate Name) \ r1 _l9EA1 Y. St D i.l. e nis Moore By! _ ld-z' ----C ....wk� ------- ----------------- m William 0. Moore ATTliBTI ...(BBAL - rtmrarr'-•-- --Secretary (Corporate Seal) r/1 ., �•.n h �.:1 f \ ' ;, /,'sty/C�--------------- _...... _---------------- _------- _------ MAIL . NORTH CAROLINA. _. .CmmtY• ..-__...._-_.....__.. `],.,to • gJ , A Notary Public of the County and State aforesaid, certify that-aSy_1) 1__DQp,Xj,�,,t1,_ MQ_Q Q-_-____. e rp .,. and William C. Moors (� •y,, _ ____------------ d before TooBlls day nd, ggknaWlod¢ad the BXOCullon of the foregoingforegoingingtrnment. WIt1[011 m] :.. .. a}fit v ti o Nana and official stamp or egaL tbb .__ day of -..___ __ �../eK-!'--------- _____...... ]sQSi.'. sly commission expires: .,��JI� i.__••-----...._4(/_i_�v=La-_2_______ Notary Public e REAL -STAMP NORTH CAROLINA____ ............................... County. 1, a Notary Public of the County and state aforesaid, certify that --------------- __________________________, y personally came before me this day and aoknowled¢od that ____ he Is ___________________________ secretary of Jr*------------------------------------------------------ a North Carolina Corporation, and that by authority duly V 'J given and at the act at the corporation, the fore6aln6 Instrument was ot¢nod In Its name by Its ___--__„--.__. o President, sealed with Its corporate seal and attested by ...... as Its ........................... secretary, p Witness my band and official stamp or seal, this ------- day of ........................... 19...... My commtulan explrosi.......... _-------------- ___........ _______________________ Notary Public ssssssssss� mi t , The foregalug Cartuleata(s) at Is/or ceetl(I d te' correct, Th etruntent and this certificate are duly registered at the date and time and In the Rook and Page shown on the Ilse age he of, e endow _ __________________________________RaO1STaR OF DEEDS FOR... __------- _---------------- COUNTY By --- _---------------------------- ____............ _.................. Deputy/Assislant- Register of Deeds N.C. ear Assoc. Form No, J 07976. Reviad 49 1977 —-Muwei.,,, jPnnud by Aywnum wltn lti N, 0. 0.. Awes, -Iasi `\ -= BOOK` pAO� The property hereinabovo�described was acquired by Grantor by instrument recorded in ........................... A map showing the above described property is recorded In Plat Book .................................... page ......................... TO HAVE AND TO BOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging the Grantee in foe simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to cony the same In fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant ai defend the title against the lawful claims of all pereons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: corporits nTameaby Ib duly WHEREOF, the officers and Its soul bibs Tere above written. I TT TT Z f (REAL) (SEAL) NARCX I LLBRr 8IN6L8 SEE ATTACHED EXHIBIT U FOR ACKNOWLEDGEMENT TO WARRANTY DEED f4 The taregoing eerttncate(g) or--------- ------------------------`--------------------------- ..__...........----------------------- ............................... ----------- ---- - Ware certified to be correct. This inpirum►nt and this certificate pro duly registered at the date and time and In the DOOM and Page ahaven on the fi/rrsstl11ygte hUsoI (�n1 `ry'I'�' ................RDOIaTER OF naEDe FOt-------._. _--._-----COVNTY By --------------- ---- ._. ---------------__--------.-------------- DepdtY/Aseietabt• Register of Deeds N. C. our Aavne. Form Nul 3 Q 1976. RUPIAH 0 I077 —Lme WpOnm & C., N.. ft. M, YWklmlllN N. C. e706e PrInW 41 eer.■m.m xlm m. N.O. IN ANG.. —IN I ' I o—nq qr, n,,-RRAM PnI MEMO 10 y.�a„a STATED a DATE: SUBJECT: o���RwND DMF B. TUSUBLANZ From: North Carolina Department of Environment, Health, and Natural Resources 4 ftnWd.o R.q IWN,, DIVISION -OF COASTMANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Brooks Electrical & Construction Inc. / Homer Brooks 2. LOCATION OF PROJECT SITE: In the Town of Swansboro on the White Oak River, Lots 219 ("A") and 220 ("B") off Water Street next to Casper's Marina, Onslow County Photo Index - 1989: Strip #165 Frame #15 QC-18 State Plane Coordinates - X: 2564200 Y: 345800 3. INVESTIGATION TYPE: CAMA / Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 16 and 29 January, 13 February 1996 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 12 and 26 January 1996 Complete Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Swansboro Land Use Plan Up -Date 1990 Land Classification From LUP - Developed / Conservation (B) AEC(s) Involved: Estuarine Shoreline, Coastal Wetlands, Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Residential / Commercial (E) Wastewater Treatment: Existing - Town of Swansboro / Municipal Services Planned - Hook-ups (F) Type of Structures: Existing - Storm Drainpipe, Shed, Pier Planned - 2 Residential/ Shops and 2 Piers, 1 Bulkhead (G) Estimated Annual Rate of Erosion: 1 Foot Source - Personal Observations / Shoreline Erosion 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands Foot Print Value S. patens / Saltmeadow Hay 155 sq. ft. D. spicata / Salt Grass (B) Non -Vegetated Wetlands A = 75 sq.ft. A = 809 sq.ft. White Oak River/ Surface Waters B = 816 sq.ft. (C) Other / Highground: Backfill A = 660 sq.ft. B = 717 sq.ft. Buildings A & B 4,488 sq.ft. (D) Total Area Disturbed: Approximately 1 acre (E) Primary Nursery Area: No (F) Water Classification: SC Closed 8. PROJECT SUMMARY: The applicant proposes to construct a residential building with commercial space on lots A & B. A bulkhead will be constructed on the combined shoreline and each lot will have an access pier. 3EFjIaURN T,Oa ERWIiN? (&t $AI< MORE' R'--18(26�1 �� '' THIS DOCbMENT'PRESENTED O TM OFFICE °J DATE, aZ 19 . .5 ► o A r ^^ , f SCIrA1reFORD COUN Af . U NORTH.•.CAROLINA GENERAL WARRANTY DEED THIS DEED made this 21st,, day of .......... .........................1�J:94...... , by and between GRANTQki GRANTEE SETH W. HILLER, PNDIIVIDUALLY AND WIFE, _S,USAN,.J. HI<LLERi ­SET9'-W'.HILLER`-'AS EXECUTOR OFkTHE ESTATE,.OF SETH HILLER;;, _ I.:.. 'BRUMBAIUCri4"" VD,fHUSBAND. P-. DAVID, BRUMBAUGHq, GRETCHEN COSTANZA';,.,�Aib,=IiUSBAND, CO ' STT,,GOSTANZA;;j NANCY HILLER:, SINGLE; BROOKS ELECTRIC AND CONSTRUCTION,--INC. P.O. Box 594 Swansboro, NC 28584 Enter, In 6toclntot each; party: name, address, and, If appropriate, character of entity, e.q. corporationor partnership. Tfiel designation Grantor _and Granleeras used herein shall include said parties, their heirs, successors, and assigns, and shall include ei'ngular, plyral, maec'uhne, Yetnintne-or'nenter as required by context. WITNESSETH, that the Grantor, .for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents Ioeis.grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of landsituated+in the City ofi ...:......................................................... ..AWAN;jPQRP ................... Township, QNSLOW................... „.County, North Carolina and more particularly described as follows: BEING all of that property as shown on Exhibit A, attached hereto and incorporated herein by this reference as if fully set forth. V. C. air Angle. Fonn'N,,..l al 1976. Revised (0 1977 e.l Iq A, ... mM wnM1 Ilw N, C. W, M.a 1981 Deed Description: Approximate Area = Scale: 1 inch = North North Carolina Department of Justice 1218-62 0.402 acres 50 feet BOOK 121 8 PAGE 63 EXHIBIT A WARRANTY DEED AND LIEN WAIVER TITLE OPINION Beginning at an iron stake in the southern R W line of Water Street, said stake being located N 81030'16"E 113.2' tiom an iron stake located at the intersection of the northern margin of Water Street and the castem margin of Broad Street. and running from said beginning N 62°33'06"E 85.49' to an iron stake, the Sybil Moore propery,: thence along and with the western line of said Moore Property S 27054'20"E 232.31' to an iron stake in the mean high water line of the White Oak River, thence along the mean high water line S 73053'40"W 50.51' to a point; thence S 3721'58"W 20.88' to a point in the mean high water line of the White Oak River. said point being in the eastern line of the W.T. Casper property; thence N 32°OT33"W 232.03' to the point and place of Beginning. Containing 0.40 acres. A; jT kti. i _ EA y� . 9'�C Eg ••P•'�p. BOOK 6 12 � RA�� p4, s , Dherproperty`,, erematioveideecribedfwae'acquired by 'Grantor by metrumeat recorded In ...................... r. Atinap ehawtng thetabov_eideecrlbed?propertytiie'reotirded ln'P,lat'Book; ....: .... page ......................... TO'HAYE AN the'D TI)�HOL'D='the aforesaid'dottor'parcel•of-land and,aes a ll privileges appurtenances theretti-belonging to 'Grantee in -fee simple - ; And. thel Grantor covenants wlth5 the Grantee that (Giantor Is'setzed of the remises to fee simple, has the right to -convey , In n fee defe doh tit ewagains�ti the awful o)a makof bleland-fleeYan3iclear/tif+alhencumbrances, sad'thaE}Ginritor will warrant and T i t )e`to th1, ro a apypereons whomsoever except.for'the exceptions hereinafter stated. 'P P rty:he;einabove deecribedis.aubleet tothefollowing exceptions: - ,,• , DC'WITNESS WHEREOF,, the Grantor, has hereunto. set his' hand and seat, corporate. has caused !this In to' he Signed In Its leatp9rate name-hY ltabdulr vutharlsed Le!(Icete and+ItaReal to>6eihereunto affixed^ay thorlty. (d4 rd of Dire strum the day and - aho O!ra:, ttea r"•r year, first SET W. HILLER, AS EXECUTOR OF THE ES TB'OF. ST8 83LLER.. BHTH'W. I ' (SHAL). L T'INDIVIDUALLY • -. SUSAN T.-HI R URI UNHAUGH ( ) .i -Ls,' ., TCHEN COSTM= (SEAL) MAP SCOTT COSV- (SEAL) NANCY ILLE r SINGLE (SEAL) r,• .I :a SEE ATTACHED EXHIBIT B FOR ACKNOWLEDGEMENT TO WARRANTY DEED -saw ra�eie:ng-certf(le`ahcr)�.oi =. i ------------------------------ ------------- ------------------------------ . lint acertified, age eRifttolhe correct This In rus ent and this certificate tcate are duty registered at the date and time and In the Book and Page shown on the ., ' \F. .- - - ____-- -----------REGISTER OF DEEDS FOR ------------------------------------ COUNTY BY ___--__._ ... -_De ut /Assistant- ' ----------------------- --=- p- Y Register of Deeds N. C. Bar Assoc. Form No. 3 © 1976. Revised © 1977-le„aw;;;u,m a cn.. iK, eoa'n: Y m im,so, N. d crass hinu0 M Al.nl nie, 1M N. C. B. A.. -INN PAGE' b 5 EXHIBIT` S TO'',`WARRANTY DEED: • a . °'R NBWYORR . , • fir Isa otety bite oftln Coaaty and Slate aforesaid oertifythefSETFI W, HILI EdkEX�'�rr :ER S 'FiII:I.ER,peeonnlly'eppraiedhefoceaie'thiedayeadaelmowldged'tbeIs ti6aofI1mfbmgoiogimtrmaamF• E ESTATE OF• .• .•`Witrcnm"�headaod;ofricWL'tamp'orcml,*d&4dtyofSeptember.l9% Mycoamrirdoae: taryptibGc MOTAl1KKYT'HL?Ej M.MgalH(° jiraiy . IMiadoNib. NEWYORK — g COtMw OF 4 Y .. rallotary. LcoflheCova'tyiMStateafotvaidm fy'thatSETHW.HII.LER,AND ^�:``• 'app"Ibel'omatethud� and WIFE.SUSAN7FlAdsE�.�iee�gnslUY Y gwiadgd�tbe aewtion ofthe'f6,egoiug iaatnmmt. �• KAT 'NRL•6EN M It1AR1:6 . 'Wifaedmy`hsndaad`ofEcialOTAgY Flgll K . stamp,ursml.lhia�QdayofSeptember.1994. Oualitipd,n Commiawod,E,�w�jy,N A+r nE%PWAbv'28 +9sr 1 ti �. otaryPob6 Jf/ - _ '.Myeoto>ruspwmpnea�-:c . COLORADO. i�nUi r I a Notary . Sc of the Cowry ad Stata afotwuL ratify that LAURIE H. BR . BRUMBAUGHpasooallYia[�ared,befowmethis day and adwovddgdthe cxecutionof fo UGHA mgomg ryyttruc�tca� nry .aa . C1 Witawmy : ,handaadoffcialsumporsmlthisMay ofScptember.199 _ „ ply �.rj °�nrn�°•'w lw .�}.. may- � •/,�.. `�. �My wmmissioa upitee �e 7 . - Notary -Public WAsxngG,Tox a\FER...... COUNTYOF ,SSION eio�/F! 7 a Noteryji;i'l ,f.,d e"Covoty;andiState aforeaid'ocnify that GREfCHEN COSfAN7A ND• COST'AN781PmoaaSyapPeand6efommathiaM,andadcnowled g, .•�1bBANDA5C0l�i; Y gad the eaavtioa of the fo oia inspU9LIC . Witamsmyhead�eodof6dalstamp,orseal;'this�dayofSeptember,l994. N9i•GC �n 't�?p�:tt0� ..Mymtmaiatioaespias a!=L!— !,.[ NggI COLOAADO�ler COUNTY OF 1.allotary,Pobticoftha—tyaadStatcafotaai off fythatNANI before me this day and admowtodgd the etcwtion of the f ing instrnmmt. Whom my band aod,ofliciat stamp or smL.thinladay of Septembe. MyeoawiuionupiMs L, I/" Nq NOR1H CAROLINA, ONSUM' OW METe }f'er NcDgnigl & Rruce gimmons 'late- foregoing 'cert lficate`'of _ Ka een ar ek, Plarie �.: Hauer and is Z are certified to 'be correct'. 'Ibis instrument was presented or registration and recorded in this office in Book:.1.218 , Page: 69 This 1'3tlidax of December ' , 1994 at o'clock A. M. raids, Register o Deeds. S' . OF. James Williams & Co., Inc., P.O. Box 127, Yadkinville, N. C.2705'_ - .----------- THISIDEED,%lvlade ihd entered into this -=2 tdCounty. ayof_ CFPmFMAFR ,1994 ,byand between •SETH X. HILLER AS EXECUTOR' 'OF THE1ESTATE -OF.SETH HILLER; SETH W.'HILLER* of -- _ County and{StateofNorth Carolina, hereinahercalled Grantor, and — o f is County and State of North Carolina, hereiriaf_ter called•Grantee, oro,.NC 28584 whose permanent mailing address I W ITN ESSETH: * AND WIFE, SUSAN J. HILLER; LAURIE H.' BRUMBAUGH, AND HUSBAND, P. DAVID BRUMBAUGH;; GRETCHEN COSTANZA,'AND HUSBAND SCOTT COSTANZA; NANCY HILLER; SING'LE T6ai'3aid=G7antor;'foi°a d in co deration of`the sdni,'Of Teri Dollars ($10:00) to him in hand paid, the receipt of which is hereby acknowledged, has remised 'and4eleasedtaiid%y These presents'does remise, release, convey, and forever quitclaim unto the Grantee, his heirs and/or. successors and assigns, -all: right,_title;'claim and interest of the Grantor in and to a certain lot or parcel of land lying and being in SWANSBORO Township, ONSLOW and'more partit laily desoA0 ta$Nollows: County, North Carolina, BEING all of that property as shown on Exhibit A, attached hereto and incorporated herein by this reference as if fully set forth. ' LJ 77 N To'have And to hold the aforesaid lot or parcel of land andrall privileges thereunto belonging to him, the Grantee, his heirs and/or successors id assigns, free and dischargedifrom all right,'title;'claim o4�i60iiesttoPthe Grantor oganyone claiming by, through or under him. The designation Grantor and Grantee as used herein shall;inelude said parties, their heirs, successors, and assigns, and shall include singular, ural, masculine, feminine or neuter as,required'by context. Deed Description: Approximate Area Scale: 1 inch = North North Carolina Department of Justice 1218-67 = 0.117 acres 50 feet kf-"! L'.�iEjl1LUL�LSSaiJau^u L'Jll JLLMUO UL'ulu ODUULQ[TI A/ YY UI YV LLWI JUOUL, J6Lu ALU&V' - > 'being locatedN�62°--33'05''E:85;49' ffom-an eidsting iron pipe, which corner.i's located N' 8'1 O 3.0' 1`6" E 1.1120' from an'iron stake located at•the • -, mtersectionfditfhe44orthem margmtof Water.Streevand the Eastem,margm of Bioad!Stieet 'thence from said beginning point along'and with the Southern= %_ fliae.of WaterlStreet:N'62' 33' 05" E 6.51' to a -point; thence leaving'said)2�%W'linea S'32°%UT 33" E 235.35' to a point at the mean high water'line;of the,White-Oak River, -thence along said mean high water line S.67° 5T 25" 'W'23'.96' to an iron stake: thence N 27° 54' 20" W 232.31' to the point,and place�of beginning. Containing 0.08 acres. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, orif corporate has caused this instrument tobesigned 'in'its.corporate `name by its duly authorized ofhceu and its seal lobe hereunto affixed by authority of its Board of Directrai , the;day and yearfirst above written: BOOK 1218 PAGE S see attached acknowledgement, exhibit. B -to QU, ,T CLAtIM' DEED The foregoing Certificate(s) of - ;+ ^• r , t a is/arecertified to be correct_ This instrumentand this certificate are duly registered this' day;of jg at A'.M., P.M.,, Book ;Page - Register,ofDeedsfor Counry,.Northearoltna., `- By �... Deputy'/Assistantr- Regisferof - eeds a .N -' .. o. l J i r i ' i.. •.0 ,y � ; r i.. - r.. � •IRA j^ buul(' a /r 1 C7 mt; ' -V sJ EXHIBIT' B .TO QUIT CLAIM DEED NEWYORK F • COUNTY OF, Svc�duc-, • ' 1, iA446iyiMu of the.Coaoty.and'State of cmid, citify thai'SMM W. ,�� HILLER' AS IX � OR.OF THE ESPATEOF SETH'HIS:L'i peemaellyappeared.befomamtbisdayandaclmowledged'theaautioaofthefotegoiagionnanent., Witoeu myhand aria of icipl'stamp or seal, wa Zj day of September:1994. •�, ' a My enmmiemon exp' ' /G Notary Public ,y •,, �'�. .. y�i .: NEW YORK. jay - COUNTYOF CM �•' ... appeared Wore me; this day sod acknowlalgodthe e:ecutionofthe foregoing imtni cnt. ' Witaesmyband�ad'o�eiel'eNinpiw ealtWijiLdayofSeptember,1994. My commission expires COUNTYOF Dev��er -- r L aiNotaryPbc fthCountian'State aoruiy that LAL BRUMBAUGH persouagy'nppedmd; before me,;this dayand aa1c'lkmowledgod thee Witam myhaod and official stamp or seal: this`-'.' day of September, My commission expires: 7 Notary Public KA1 NOTARYI .11 UGH A ut nofthefo of iasl��H Notary Public COSTANW, personally appeared before me this day and admowledged the execution of the foregoing inslrr� it Witness my.hand and olfcial_atamp or sml, thisLda of _ y September,1994. fury Public ' My commission aP -- - COLDRADO COIINTYOF 1,aNotary PublidofthcComtyand State aforesaid, ifythat NANCYIMJER. ASINGLE PERSON. personally appeared befommethis day and admowledged,theexecution ofthe foreg instrument. Witness my hand and ollieiel stamp or sent, this day of September, 199 - •.; , •"t . G / otary Public •<l� . My commission expires -il fS - ,�.i,J,--;•''; i r'rrof'C.,+. NORTH CAROLINA,, ONSLOW Y. Jennifer McDaniel & Bruce G. Simmons and The foregoing eertificate of, Kathleen M. `Marlek and Mar;P r._ ual,A are.certified tobe correct-. This instrument was presented for registration Afi&iecorded in this_ office'in Book: 1218, Page: 66 This13thday 'of• _ necernhPr ,, 1 94 at 11:52 , o'clock/ _.M. A4• M> dred,M. 1homas, Register of Deeds. r BOOK `I Excise`Tax yv 4 0 9RAGE �'� iHIS`DOCUMENT.PRESENTED TO,TAX OFFICEi DATE CRAW' I;D-COLLINS DEEDmade this ............,:. day of .......................... :...................... :....:........ 19 ............. by and between GRANTOR Sybil'De'nnaMoore. and GRANTEE .Brooks Electric a'nd Construction, P. 0. Box 594 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership. The designation Grantor'and Grantee as used herein shall include said parties, their heirs, successors, and assigns, shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a' valuable consideration paid by the Grantee, the receipt of which is he acknowledged; has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all certain lot or parcel of land situated in the City of ....... Sma.nsbor.o:..........................I................................................ Town: 0nslow.......................... County, North Carolina,andmore particularly described as follows: Beginning at an iron stake in the southern R/W line of Water Street, said stake being located N'62°33106"E 85.491 from the Northwest corner of that property conveyed to Seth Hiller by Deed Book, T21., Page 779r; thence along said R/W line N 62°33106"E 26.-OD{'' 'to` an:.Existing 'TTon Stak'e-, thence along a' common line with the Thomas Edward -Parkin Jr western line S 27°54120"E 234.781 to a point in the mean high water line of the White Oak River; thence along said mean high water line S 67°57125"W 26.141 to a point; thence N 27°54120"W 232.31' to the point and place of Beginning. Containing 0.14 acres according to survey by Charles A. Rawls 'and Associates dated 08/01/94. N. C. Bat Assoc. Form No. 3 © 1976. Revised © 1977—+.mnwniwm. a w..1na., eo..av, m.im;u., N. c.:ocss vrintd 8y Pprnm.nt with tN N. C. By, A ,-1981 B017K' 1 2'0;9 na 501 I ;. The property hereinabove described was acquired by Grantor by instrument recorded in.............................................................. .......... :....................... ................... :................. .......... ................................................... ................................................................................................. A map showing, the above described property is recorded in Plat Book .:.................................. page ......................... "T0;"FIAVE.A•ND•T,O HOLD,thetaforesaidAot or,parcel of land and all privileges and appurtenances thereto belonging to the Grantee in'`fee,simple. : , And -the Grantor covenants with the Grantee; that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend, the''title'against the lawful claims of all•persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabov'e'described is subject to the following exceptions: IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate name by its duly authorized officers and Its seal to be hereunto affix eid by a, above written; �� (Corporate: Name) o' S i�_l�J�en41 By: ----------------------------------------- ------------------ x U J-2A ____________________________President William (`i. ATTEST: Secretary (Corporate Seal 0 , �:..:...... / t, `�SyAL?S,TA1gP=, ;;; �,�•; NORTH CAROLINA, ________ Q> P ______________County has caused this instrument to be signed in Its Its Board of Directors, the day and year first s Moore __wt4_C __��.-----(SEAL) Moore _____________________________________(SEAL) __________________________(SEAL) <t:, '.`r`,c 1,-a'Notary Public of the County and State aforesaid, certify that _Sybil__DenniMo_Qre________ c �0. �. ��� ,c • ' ;x _. A and William C. Moore -- --------- --------- ---------Grantor, G• _ P i ©LPN ••jam } personally appeared before me this dayy up, acknowledged the execution of the foregoing Instrument. [Witness my O !P p' hand and official stamp or seat, this ___tom _•rJ__�tday of _____ ___ ___ ___ ________ 19-'f_e/ `\ ai �s(O, C ;. MY commission expires: _1 a Q--____________ _ __ _________ Notary Public SEAL -STAMP NORTH CAROLINA, I, a Notary Public of the County and State aforesaid, certify that ,u personally came before me this day and acknowledged that ____ he Is ___________________________ Secretary of y---------------------------- _--------------------- a North Carolina corporation, and that by authority duly u given and as the act of the corporation, the foregoing Instrument was signed In its name by Its _______________ N - S President, sealed with Its corporate seat and attested by ___________ as Its ___________________________ Secretary. P Witness my hand and official stamp or seal, this ------- day of __________________________, 19_______-. My commission expires: Notary Public The foregoing Certificate(s) of ------------------------------- sarkara--$ryant_________________________________________________________ correct. By and this certificate are duly registered at the date and time and In the Book and Page shown on the Onslow OF DEEDS FOR___________ ________________COUNTY -Register of Deeds N. C. Bar Assoc. Form No. 3 © 1976, Revised ®1977 —ram., Williams a Co.. xo.. Box 1I7, watiminv, N. C. 27MB PrubM by Awwww . with w N. C. Bw Amc. — ,BB, / North Carolina Department of Justice /ription: 1209-500 Deed D,Sate Area = 0.139 acres Annr: 1 inch = 50 feet North ZZ 92.7 LF proposed precast concrete �Qa ee CAR arkL bulkhead, shown 1' wide °' mean high water m_ n_,_° A of A M °°•° 1 ul71;n°',p °°°.�,YgyNE RAG ea` N/lFWTCasper Casper'sMarena} (4t0} 32'r `i oo— Casper Marina — Concrete Bulkhead Rayne Ragland rev 12/5/95 Seale : f = 20' 0 10 20 40 SIS = set iron stake EIP = existing iron pipe X = existing spot ele mlw = mean low water mhw = mean high water rev #2 0 , Casper Marina DocksA�-�--. , adjacent riparian access setback (typ) 15' typ- l , , existing mooring piling White ®ally ki-Ver 12/17/95, spot elevations on water depth, mlw-mhw I SIS I shed, wood deck and pier; led pier & deck to be removed , Lot B ! --- i�, SIS 0.00' mhw +1.67' mlw zo „ — -2.75' mhw -1.08' mlw , treated wood piers with "L" platforms , -6.25' mhw -4.58' mlw , , o , , i 30.5' ;31.5' -8.45' mhw -6.78' mlw �+--15'typ15'typ--,J. » 15'typ-�' Bu lkhead/]PierDimensionPlan CANNA ]Permit Application ]Exhibit Map Water Street ]Lot Recombination Swansboro, ITC Sheet3ofr 3 owner , r� ` ! lr Homer Brooks dAl� 12 : 3v; I:, w:...w...nr �+. r. w x c.a..biY4►� it ••. Z! A �'••:y'9YNE •R 92.7 LF proposed precast concrete bulkhead, shown 1' wide -T\ II mean high water mark —� Lot A N/FWT Casper Casper's Marina Casper Marina — Concrete Bulkhead Wayne Ragland rev 12/5/95 Seale : I" = 20' 0 10 20 40 SIS = set iron stake I EIP = existing iron pipe X = existing spot ele mlw = mean low water mhw = mean high water 0 SIIS i5 I I , I , , , , , , I , , , I I � I / I I I , , i , I I I , Casper Marina Docks I , I , I , adjacent riparian access setback (typ) - I 15 typ. I � I I I I , I , I , I I existing mooring piling Ov' hItc ®ak River rev #2 ; 12/17t95, spot elevations on water depth, mlw-mhw li i li existing shed, wood deck and pier; dilapidated pier & deck to be removed LLot SIS mhw mw� ' , m , 11 EIP — -2.75' mhw -1.08' mlw ' I I I , treated wood piers with "L" platforms --8.25' mhw -4.58' mlw 30.5' : ;31.6 -8.46 mh ulkhead / Pier Dimension Plan I I I I I , I I I I I I I I I I , I I I CAMA Permit Application Exhibit Map Water Street Lot Recombination Swanoboro, NC JAN 12 B Sheet 3 of 3 owner HomerBrooks °' SENDER: a Complete items t and/or 2 for additional services. I also Wish to receive the m •Complete items 3, 4a, and 4b. following services (for an m • Prim your name and address on the reverse of this forth so that we can return this extra fee): card to you. _ j e Attach this form to the from of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address permit.' y •Wdte'Rafum Receipt Requested'on the mailpiece below the article number. 2.❑ Restricted Delivery •The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 0 g 3. Article Addressed to: 4a. Article Number 44 7 I% 7 7' E _ 41b. Service Type ❑ Registered Certified f1Wf,}Ne4+301Z0 NC ❑ Express Mail ❑ Insured ❑ RetumA(!ceiptfor Merchandise ❑ COD and lee is paid) PS Form1,3911,;Docember 1994 UNITED STATES POSTAL SERVICE e8SeFees Paid PPIIIC� • Print your name, address, and ZIP Code in this box • Gt /f yN E 1,46 1-4 N L) / a-o /341-54111 Rt) \1AcKsoNd/t-(-E Nc agsq- OGIY V G11: •Complete items 1 and/or for additional services. I also wish to receive the .Complete a, d andss ingfee SBNiCBS (for an name •Print your name end address on the reverse of this form so that we can return this and extra 18e): exfoltra card to you. -Attach this form to the hoot of the mailpiece, or on the back if space does not 1, ❑ Addressee's Address Permit. •w Receipt Requested on the article number. article p. ❑ Restricted DBIIVBry horn t e was del vere •The Return Receipt will show to whom the aside was delivered and the date a Return delivered. Consult postmaster for fee. L Article Addressed to: T/�MR E . PARk I tU ST pp ,5w4Ns BOR.O Nc QYS2�v 4a. Article Number 7 7�U 0 service Registered ed ❑ Express Mail L7 Certified ❑ Insured ❑ Retum Reoeipl for Merchandise ❑ COD a" 7. Date of Della V -9-5 i. eceiv y: rint ame B.Addressee's Address (Only and fee is paid) if requested b. tslgnat X PS Form or December 1994 UNITED STATES POSTAL SERVICE First -Class Mail Postage 6 Fees Paid USPs Permit No. G-10 • Print your name, address, and ZIP Code in this box • lU fEyNE /�)q & ,LA I D /,)-v i-ML SA M RD 0/+CkS&J vi LLE NC I III, IiiIrlliil,iItliilrilillildrill